Ohio Board of Nursing – Mandatory Disqualifying Offenses

Prior to going through the time, effort and expense of attending nursing school you should know if you are eligible to be licensed as a nurse if you have convicted of a crime.

Under Ohio Revised Code (“ORC”) Section 4723.092, there are certain offenses, for which individuals are ineligible for licensureORC Section 4723.092 provides:

“An individual is ineligible for licensure under section 4723.09 of the Revised Code or issuance of a certificate under section 4723.651, 4723.75, 4723.76, or 4723.85 of the Revised Code if a criminal records check conducted in accordance with section 4723.091 of the Revised Code indicates that the individual has been convicted of, pleaded guilty to, or had a judicial finding of guilt for either of the following:

(A) Violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code;

(B) Violating a law of another state, the United States, or another country that is substantially similar to a law described in division (A) of this section.”

Licensure under ORC Section 4723.09 applies to licensure by examination to practice as a registered nurse or as a licensed practical nurse, or (ii) by endorsement to practice nursing as a registered nurse or as a licensed practical nurse.  The certificate referred to in ORC Section 4723.651 is a medication aide certificate.  The certificate referred to in ORC Section 4723.75 is a certificate to practice as a dialysis technician.  The certificate referred to in ORC Section 4723.76 is a certificate to practice as a dialysis technician intern.  The certificate referred to in ORC Section 4723.85 is a community health worker certificate.

An individual who has been convicted of, pleaded guilty to, or has a judicial finding of guilt for violation of any of the following offenses, or for violating a law of another state, the United States, or another country that is substantially similar to any of the following offences, is ineligible for licensure by examination or by endorsement to practice nursing as a registered nurse or as a licensed practical nurse in Ohio, or for a medication aide certificate, a dialysis technician certificate, a dialysis technician intern certificate, or a community health worker certificate in Ohio:

ORC Sections:

2903.01 – Aggravated Murder

2903.02 – Murder

2903.03 – Voluntary Manslaughter

2903.11 – Felonious Assault

2905.01 – Kidnapping

2907.02 – Rape

2907.03 – Sexual Battery

2907.05 – Gross Sexual Imposition

2909.02 – Aggravated Arson

2911.01 – Aggravated Robbery

2911.11 – Aggravated Burglary

If you have been convicted of a crime that is Not on this list, you will still be required to disclose the conviction on  your application for licensure. The Nursing Board will review each application on a case by case basis and determine if you will be granted a license.

Even if you have been convicted of a crime NOT listed above, the Nursing Board may choose to deny you an Ohio nursing license or may issue you a license on probation or require you to submit to a period of random drug testing when first licensed. Unfortunately, the Nursing Board will not determine if your license will be denied or limited until you complete nursing school and submit an application. So, if you have a conviction on your record, you should carefully consider whether you want to attend nursing school.

As always, if you have any questions about this post or the Ohio Board of Nursing, contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or go to our website at http://www.collislaw.com for more information.

Although legal in other states, nurses have been disciplined for testing positive for marijuana in Ohio

Twenty-five states and the District of Columbia have legalized marijuana in some form.  Four states and the District of Columbia have legalized marijuana for recreational use.  Some states allow residents to possess up to one ounce of marijuana and to even grow up to six plants.  While there have been various marijuana initiatives in Ohio, to-date it is illegal to possess, sell, or cultivate marijuana in Ohio.

Historically, the Ohio Board of Nursing has taken a strong position against marijuana usage.  For example, where a positive test for marijuana in an employment drug screen is reported to the Board, the Board routinely places the nurse on probation for a period of at least one year, which typically includes random drug testing and can include narcotics as well as practice restrictions.

Even if a nurse has traveled outside of Ohio and consumed or smoked marijuana in a State where it is legal, if the nurse returns to Ohio and is reported to the Board for a positive drug screen, the nurse should expect to be subjected to discipline by the Board.

In our practice, we have seen nurses reported to the Board because they failed pre-employment drug tests who were subjected to discipline including at least one year random drug testing.  A nurse does not have to be actively practicing nursing in order be found by the Board to be impaired. By simply testing positive for marijuana, a nurse can be subjected to discipline.  Employers are required by law to report to the Board any suspected violation of the Ohio Nurse Practice Act.

Before you consider using marijuana on your next trip to Colorado or Washington, realize that if you test positive on a drug screen – even weeks later when you return to Ohio – you should anticipate that you will be reported to the Board and subjected to discipline.

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