REMINDER – Ohio Licensed Practical Nurses: Renew Your Nursing License Now

Reminder to all LPNs: Renewal of Ohio licensed practical nurse (“LPN”) licenses began on July 1, 2018 and ends on October 31, 2018.  At this time, you have less than a week left to renew your license.

It is a disciplinable offense to engage in the practice of nursing having failed to renew a nursing license.  An Ohio LPN license which is not renewed will lapse on November 1, 2018.  An Ohio LPN whose nursing license has lapsed is not authorized to work as a nurse until their nursing license is reinstated by the Ohio Board of Nursing.

The renewal fee is $65.00, plus a $3.50 transaction fee.  A late processing fee goes into effect on September 16, 2018.  An Ohio LPN who renews their nursing license on or after September 16, 2018 must pay an additional $50.00.  Fees must be paid online at the time of renewal with a credit or debit card (Master Card, VISA or Discover), or pre-paid card.  The renewal application will not be processed until all required fees are submitted.  All fees are non-refundable.

The renewal application includes, but is not limited to, questions concerning criminal, licensure, mental health matters, and alcohol/drugs matters.  All information provided in the renewal application is required to be true and accurate.  Depending on the response given to certain questions in the renewal application, uploading an explanation and Certified copies of certain specific documents is also required.

In certain cases, the renewal application may be forwarded to the Ohio Board of Nursing Compliance Unit for review and an Ohio Board of Nursing investigator may contact the LPN to obtain additional information.  In other cases, a Consent Agreement may be offered to the LPN to resolve a disciplinable offense instead of preceding to an administrative hearing.

If you do not understand a question in your LPN renewal application, or do not know what additional information to upload with your renewal application, it is recommended to obtain experienced legal counsel to assist you before submitting your LPN renewal application, speaking with an Ohio Board of Nursing investigator, or signing a Consent Agreement. Feel free to contact on of the attorneys at Collis Law Group LLC at (614) 486-3909 if you would like to schedule an appointment for a consultation for assistance to complete the renewal application.

For additional renewal application information from the Ohio Board of Nursing, see: http://www.nursing.ohio.gov/PDFS/Licensure/Renewal/Renewal_Momentum.pdf

As always, if you have questions about this post or the Ohio Board of Nursing, contact one of the attorneys at Collis Law Group LLC at (614) 486-3909.

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Disclosures to the Ohio Board of Nursing

There are certain matters which must be disclosed to the Ohio Board of Nursing (“Board”) by a nurse license applicant or a nurse who is renewing their license.
The Board’s nurse license application and renewal application includes, but is not limited to, questions concerning felonies, certain misdemeanors, incompetency, professional licensure actions or investigations, mental illness, and substance abuse.
If the reply to any of the questions in the nurse license or renewal application is “yes”, then a disclosure is required. The applicant or nurse in renewal must mark “yes” to any applicable question and provide the Board a written statement of the circumstances underlying the “yes” reply and, for Court matters, Certified copies of certain court documents.
The Board is authorized to take disciplinary action against an applicant or licensee for any of the matters in Ohio Revised Code Section 4723.28. The sanction, if any, the Nursing Board imposes will depend on the individual facts and circumstances of the disclosed matter. Whether the applicant or nurse has other convictions, the acts underlying the offense, how long ago the offense occurred, and whether restitution or probationary terms were completed are typically also evaluated by the Board.

 
Except for certain limited instances, self-reporting criminal convictions prior to renewal is not required. However, criminal convictions are reported by the Court to the Board and it is recommended that a nurse consult with legal counsel to determine if it is in the nurse’s interest to self-report a conviction prior to renewal.
It is recommended to consult with legal counsel familiar with Board matters to determine if disclosure of a particular matter is required in an initial or renewal application and, if so, what information is required or recommended to be provided to the Board.
As always, if you have a question about this post or the Ohio Board of Nursing in general, please feel free to contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or email me at beth@collislaw.com.

Ohio Nurses: Things To Consider If You Receive a Notice of Opportunity for Hearing from the Ohio Board of Nursing

Last week, I attended the Ohio Board of Nursing’s bi-monthly meeting where the members of the Board issued final sanctions against dozens of Ohio nurses.  At that meeting, the members of the Board also authorized the issuance of over sixty Notices of Opportunity for Hearing to Ohio licensed nurses.  The Notice of Opportunity for Hearing (or Notice of Automatic Suspension or Notice of Immediate Suspension) outlines specific charges against the nurse, which, if proven, can form the basis for the nurse to have their license revoked, suspended, placed on probation or reprimanded.

There are legal timelines that must be followed for a nurse to request a Hearing in order to defend their professional license.  Failure to timely request a Hearing can bar the nurse from presenting ANY defense to the Board.

There is no routine disciplinary matter when it comes to a nurse’s professional license.  Disciplinary sanctions imposed by the Board may affect a nurse’s ability to practice nursing in the short-term and can also impose permanent practice and/or narcotic restrictions.

If you receive a Notice of Opportunity for Hearing (or Notice of Automatic Suspension or Notice of Immediate Suspension), it is highly recommended to obtain experienced legal counsel to assist you before the Board.  When hiring legal counsel, here are a few things to consider:

EXPERIENCE:

  • Does the attorney have experience with the type of matter for which you need representation?
  • Is this type of matter a usual part of the attorney’s practice?
  • Has the attorney handled any cases similar to your particular matter?
  • If it is a matter where a settlement or hearing may be involved, how many of those matters has the attorney handled?
  • In general for this type of matter, what does the attorney consider to be a good result?
  • Can the attorney explain the process to you?

ACCESS:

  • What is the best way to communicate with the lawyer and how will he or she communicate with you?
  • When can you expect to hear from the attorney?
  • Are there other people in the attorney’s office who can assist you should an emergency arise while your attorney is unavailable?
  • How will you know what work the attorney has done or will be doing on your matter?

COMPATIBILITY:

  • Will you be comfortable sharing your information with the attorney?
  • Do you understand the information the attorney is telling you?
  • Are there different approaches to your situation, and if so, how will the attorney decide which to take or recommend to you?

FEES:

  • How does the attorney charge you?  Based on hours worked?  Fixed fee?  Or some other method?
  • Is payment required up front?  If so, how and when is that money applied to your account?
  • Will you receive statements for the work performed?
  • Will you be charged for expenses (ex:  travel, hotel, postage, copy charges)?
  • Does the attorney accept credit card payments?

This is a general guide and is not legal advice.  Of course, there may be other questions or concerns you may want to discuss with a potential attorney based on your individual circumstances or issues.

As always, if you have any questions about this post or about the Ohio Board of Nursing in general, please feel free to contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or email me at beth@collislaw.com.

 

 

Ohio Nurses Under Probation May Not Be Able To Travel Outside of the United States Without Risking Disciplinary Action

If you are a nurse who is under disciplinary action with the Ohio Board of Nursing that requires you to submit to random drug testing, you may not be able to travel outside of the United States without risking disciplinary action.

Ohio nurses who are under probation with the Nursing Board are required to strictly comply with all terms and conditions imposed in their Consent Agreement or Adjudication Order.  While under probation, some nurses are subjected to:

  • random drug or alcohol screens;
  • AA or NA meetings; and/or
  • counseling with a chemical dependency or mental health professional.

Traditionally, when a nurse is subjected to random drug testing, they are required to notify FirstLab (the Nursing Board’s contracted screening provider) and their  Monitoring Agent at the Nursing Board if the nurse is going to travel so that an alternative screening site can be located for the nurse.  However, this notification alone DOES NOT EXCUSE THE NURSE FROM THE DRUG TESTING REQUIREMENT!

In some cases, nurses have requested to be excused from the random drug testing  requirement while on vacation.  In very limited instances in the past, the Nursing Board has excused nurses from the drug testing requirement.  However, these were extremely limited circumstances and compliance with all other probationary terms including abstinence was nevertheless requiredMore recently, the Board has denied requests to be excused from drug testing while on vacation.

If you are subjected to Nursing Board random screens, it is recommended that you first verify with FirstLab whether there is an approved testing site at your vacation destination (which also has weekend hours) prior to booking your vacation.  If no approved testing site is available, you may request to be released from random drug testing while on vacation. However, based on our recent experience, you should anticipate that the request may be denied.  If the Board denies your request, you may be subjected to discipline if you fail to provide a screen on a day you are selected to do so.

It is our understanding that FirstLab only has testing sites in the continental U.S., Alaska, and Hawaii and that there are no FirstLab locations on cruise ships or outside of the U.S.

Merely notifying your Monitoring Agent of your vacation dates does not excuse or waive any of the requirements of your Consent Agreement or Board Order.  You must comply with all probationary terms while on vacation, unless you have been given specific written approval in advance by the Board.

As always, if you have any questions about this post or about the Ohio Board of Nursing in general, please feel free to contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or email me at Beth@collislaw.com.

 

 

Ohio nurses: Watch when your Certificate to Prescribe Externship (CTP-E) and CTP expire!

As a registered nurse in Ohio, it has become routine to timely submit a complete RN renewal application at the same time every two years. However, a CTP-E is issued for one year and expires one year from the date of issuance, NOT one year after you start working as a nurse. In addition, once a CTP is issued, the renewal date may be different from the date the nurse renews their license. It is imperative that you know when you need to renew your license, CTP-E and CTP.  You will not receive a letter or notification from the Nursing Board to remind you to renew your certificate to prescribe.  It is illegal to continue to prescribe on a lapsed CTP-E or CTP!

The Ohio Board of Nursing requires advanced practice nurses who have had no prior experience prescribing medications or therapeutic devices to obtain a Certificate to Prescribe-Externship (“CTP-E”).  The purpose of the externship is to create a period during which the nurse’s prescribing activities are reviewed and evaluated by a supervising professional for the purpose of ongoing improvement of the nurse’s competence, knowledge, and skill in pharmacokinetic principles and the application of these principles to the nurse’s area of practice.

In order to apply for a CTP-E, the applicant must hold a valid Ohio R.N. license as well as a current Certificate of Authority to practice as a certified nurse midwife, nurse practitioner or nurse specialist.  In addition, the applicant must have completed required coursework on advanced pharmacology.  Once all materials have been submitted and reviewed by the Board of Nursing, the CTP-E will be issued for one year.  The year begins on the date the CTP-E is issued by the Board.  It is critical to remember this date.

During this year, the advanced practice nurse is required to complete 1,500 hours of supervised prescribing (500 hours under the direct supervision of a supervising professional).  Direct supervision means that the supervising professional is on-site when the nurse is prescribing.  300 of the 500 direct supervision hours must be supervised by a physician; the remaining 200 hours may, with the collaborating physician’s permission, be supervised by an advanced practice nurse with prescriptive authority, not a CTP-E.  The remaining 1,000 hours may be indirectly supervised.  This means that a physician, in accordance with a schedule documented in the standard care arrangement, regularly and timely reviews the nurse’s prescriptions and prescribing practices.

Once the advanced practice nurse has completed the required supervision hours through the CTP-E, the supervision must be documented by the collaborating physician and submitted directly to the Board of Nursing on Form B.  PLEASE NOTE that Form B must be submitted well prior to the end of the expiration date on the CTP-E to allow the Board time to review it and issue the advanced practice nurse applicant a Certificate to Prescribe.  Even if Form B is submitted timely, it is illegal to continue to prescribe after the year for the CTP-E has expired unless the nurse has received the Certificate to Prescribe.  Advanced practice nurses may face discipline if they continue to prescribe once the CTP-E has expired if they have not been issued a Certificate to Prescribe.

A CTP-E cannot be renewed.  It can be extended for a one-time period of 2 years, if a request to extend is timely received by the Board before the CTP-E expires.

As always, if you have any questions about his post or about the Ohio Board of Nursing in general, please contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or email beth@collislaw.com.

OHIO LPNs – It is time to renew your license to practice nursing in Ohio!

According to the Ohio Board of Nursing’s website, starting on July 1, 2016, all Ohio LPNs will be able to renew their professional license online.

Important renewal information from the Nursing Board is located at: http://www.nursing.ohio.gov/PDFS/2Renewal_Momentum.pdf

Often, nurses have questions about how to respond to certain questions on the Renewal Application and what information needs to be provided to the Nursing Board in the Renewal Application.

Nurses are required to provide the Nursing Board with truthful and accurate information on their Renewal Applications.  Failure to do so can lead to discipline by the Nursing Board.

Additional Information May Be Required  (from Ohio Board of Nursing website)
• If you are asked to provide court documents or other information that may be required as part of your application, please be prepared to upload the documents electronically through the online system.  This information is usually required of applicants who answer “yes” to one of the additional information questions on the renewal application.  
• No hardcopies of court documents or other information required as part of your application will be accepted. Waiting until a deadline and then realizing you do not have all the information and in the form needed to upload the documents electronically through the online system will prevent you from renewing. 
• Incomplete renewal applications will not be accepted by the system.  If all required documents are not provided electronically, the renewal application is incomplete.

If you have questions concerning how to respond to questions in your Renewal Application, what information you need to include, and/or what Court documents you need to include with your Renewal Application, it is recommended that you obtain experienced legal counsel to help you complete your Renewal Application.

The attorneys at the Collis Law Group offer a 1-2 hour consultation to meet with a nurse, review all relevant Court documents, and assist the nurse prepare any necessary or required  response to a question on a Renewal Application.  In most cases, we offer this consultation for as low as a flat fee of $500.00.  Feel free to contact one of the attorneys at the Collis Law Group at 614-486-3909 to schedule a Renewal Application consultation.

As always, if you have any questions about this post or the Ohio Board of Nursing in general, please feel free to contact one of the attorneys at the Collis Law Group by phone at 614-486-3909.  For more information about the Nursing Board, please feel free to visit our website at www.collislaw.com.

What To Look for in a Defense Attorney

I am always surprised to hear from nurses that they hired a lawyer who is not responsive to phone calls or emails in a timely manner, confused the nurse’s matter with other clients, failed to keep the nurse informed of the status of their matter, or failed to provide the nurse with a monthly accounting of legal fees and expenses. However, I am most surprised to hear from nurses who tell me that they hired a lawyer who they do not feel comfortable confiding in.

I am often asked what skills, qualifications, and qualities a nurse should look for when selecting legal representation for a matter involving the Ohio Board of Nursing (or any other State licensing Board).  Because Administrative Law is a rather unique area of the law, it is important to consider the following:

Not All Cases Are The Same: It is important to select defense counsel who you feel comfortable confiding in, and who recognizes that each matter is different and can present to the Board the unique circumstances of your particular matter with passion and commitment.

Understanding: An attorney who understands and presents your matter to the Board in a clear and coherent manner is also an important aspect of the representation.

Responsiveness: Selecting an attorney who is responsive to your phone calls and emails, and who timely communicates with you concerning important information about your matter is critical to the client-counsel relationship.

Sound Legal Advice: An attorney who provides sensible options based on their knowledge of nursing laws and rules and administrative law procedure, is an essential element to the handling of your matter.

Experience: Hiring an attorney who has handled multiple matters before your licensing Board from the initial investigation through the administrative hearing process is of paramount consideration.

When selecting legal counsel for your Ohio Board of Nursing matter, please remember the acronym N-U-R-S-E.

As always, if you have any questions about this post or about the Ohio Board of Nursing in general, please contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or email me at beth@collislaw.com.