The Ohio Board of Nursing’s Practice Intervention and Improvement Program

The Ohio Board of Nursing is the state agency that regulates the practice of nursing in Ohio. The mission of the Nursing Board is to protect the public by ensuring that nurses have the skills to provide care to patients. In instances where a nurse has violated the Ohio Nurse Practice Act, the Nursing Board has the authority to take a disciplinary action, such as to suspend or revoke a nurse’s license to practice in Ohio. However, in instances where the Nursing Board has reason to believe that a nurse has a deficiency in their practice that may be corrected, the Board may require the nurse to seek additional education and/or training.

The Nursing Board’s Practice Intervention and Improvement Program (“PIIP”) permits the Nursing Board to offer a nurse an opportunity to seek remedial education and training in a specific area instead of taking disciplinary action against a nurse who has a practice deficiency. The PIIP program is considered non-disciplinary and does not constitute a restriction or limitation on a nurse’s license. Participation in PIIP is confidential.

The criteria the Nursing Board uses to identify an individual’s practice deficiency includes, but is not limited to:

(1) Whether the public will be adequately protected from unsafe practice if the individual enters PIIP;
(2) Whether the individual’s practice deficiency resulted in harm to the patient;
(3) The likelihood that the identified practice deficiency can be corrected through remediation;
(4) The frequency of the occurrence of the practice deficiency;
(5) Whether the individual is eligible for participation in PIIP under 4723-18-03 of the Administrative Code; and
(6) Whether the individual has a mental or physical impairment that contributed to the practice deficiency.

If the supervising member believes, after investigation and review, that the individual’s practice deficiency can be successfully corrected through participation in PIIP, the Nursing Board may choose to take no disciplinary action. This decision is generally reached, if the individual enters into a Participatory Agreement with PIIP, complies with the terms and conditions of PIIP, and successfully completes PIIP.

The PIIP Participatory Agreement includes, but is not limited to, provisions that:

(1) Identify the practice deficiencies and the specific remediation (including educational interventions) the participant must complete;
(2) Require the participant to pay all expenses for the required remediation;
(3) Require the participant to provide the Participatory Agreement to a manager of the participant’s employers;
(4) Require the participant to participate in workplace monitoring;
(5) Require the participant to cause all workplace monitors to provide remediation and to send written progress reports regarding the participant’s progress to PIIP at specified intervals;
(6) Require the participant to submit a written personal progress report containing the information required by PIIP to PIIP at specified intervals; and
(7) Specify the terms and conditions the participant must meet to successfully complete the remediation, including the time frames for successfully completing both the educational intervention and workplace monitoring components of the remediation.

Generally, to comply with PIIP, the nurse will identify a nurse educator who will prepare an individualized course of study for the nurse. The course may include a series of written materials to review or a list of on-line continuing education courses that must be completed. The course of study is almost always tailored to the individual need of the nurse and generally does not require the nurse to return to complete coursework in a nursing school setting or to repeat an entire nursing course. The educator will generally meet individually with the nurse to evaluate their skills to determine if the deficiency in their practice has been remediated. In most instances, the nurse can complete the remedial education in a matter of weeks.

A PIIP participant can be terminated from PIIP for reasons including, but not limited to, the failure to: 1) comply with the Participatory Agreement; 2) progress through or successfully complete the educational intervention in the manner and time frame required; or 3) incorporate learned knowledge and skills into practice.

In addition to avoiding public discipline, a participant who successfully completes PIIP will not be reported to the National Council of State Boards of Nursing disciplinary data bank or the National Practitioner Data Bank (NPDB) unless the Nursing Board imposes disciplinary action against the participant.

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.

 

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Ohio Nurses and Social Media

Social media is a prevalent and common form of communication in society today.  Although social media offers benefits of faster and broader delivery of information, Ohio nurses should be aware of legal requirements and best practices in connection with the use of social media.

Ohio Administrative Code 4723-4-03(H) and 4723-4-04(H) prohibit all nurses from accessing patient information or disseminating patient information for purposes other than patient care, or for otherwise fulfilling the nurse’s assigned job responsibilities through social media, texting, emailing or any other form of communication.  Ohio Administrative Code 4723-4-06(Q) specifically prohibits nurses from using social media, texting, emailing, or other forms of communication with, or about a patient, for non-health care purposes or for purposes other than fulfilling the nurse’s assigned job responsibilities.

Violation of these rules may result in disciplinary action by the Ohio Board of Nursing.

The Ohio Board of Nursing website (http://nursing.ohio.gov/Practice.htm) has the following from the National Council of State Boards of Nursing:

NCSBN Offers Helpful Resources on Using Social Media

Nurses need to be aware of the potential ramifications of disclosing patient-related information. You are invited to use and share these resources:

-Take A Quiz – https://www.qzzr.com/c/quiz/157691/nursing-and-social-media-quiz-copy

-Watch A Video – https://www.ncsbn.org/347.htm

-Order Free Printed NCSBN Resources – A Nurse’s Guide to the Use of Social Media at https://www.ncsbn.org/3739.htm; Poster: Social Media in Nursing: Understand the Benefits and the Risks at https://www.ncsbn.org/6842.htm; Poster: Common Myths and Misunderstandings of Social Media at https://www.ncsbn.org/6843.htm

Do not indiscriminately use social media, texts, emails, or any other form of communication.  Be mindful of your legal obligations and follow best practices.  Take the quiz, watch the video, and review the guide!  These resources are informative and helpful.

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.

How a DUI may affect your Ohio nursing license

Happy New Year!

Over this holiday weekend, I have received calls from several health care professionals who have been charged with a DUI inquiring how or whether a criminal charge may affect their license to practice as a nurse in Ohio.

First, it is important to understand that the Ohio Nursing Board may take a disciplinary action against a nurse for certain criminal convictions, even if the charge does not relate to the practice of nursing. Second, it is important to understand that a DUI is not considered a “minor traffic violation”.  A DUI, even if reduced to a lesser offense, such as disorderly conduct or reckless operation of a vehicle, is still of concern to the Nursing Board and may result in a sanction to the nurse’s professional license.

If you have been charged with a DUI, you should seek competent legal counsel to assist you through the criminal case process.  In certain instances, you may be accepted into a treatment program which, if successfully completed, may result in no criminal conviction or the charges may be reduced to a less serious offense.

A conviction for a DUI or certain other criminal offenses may result in negative consequences for your professional license.  While you are not required to immediately notify the Ohio Nursing Board that you have been charged with or convicted of a criminal offense, you may need to disclose the criminal matter when you renew your professional license, depending on the matter.  At the time you renew your license, you should consider hiring legal counsel to assist you to accurately respond to the questions on the renewal application and to prepare any documents necessary or required by the renewal application.

The way in which the Ohio Nursing Board handles your criminal case will depend on a variety of factors.  In determining what sanction, if any, that the Ohio Nursing Board might impose, the Ohio Nursing Board will consider factors including but not limited to the following:

  • the seriousness of the matter;
  • whether the matter relates to your professional practice;
  • whether the matter is your first criminal matter; and
  • whether you fully cooperate and complete any requirements of the Court.

Depending on the circumstances of your matter, the Ohio Nursing Board can order the nurse to submit to a chemical dependency assessment to determine if treatment is needed and/or can require the nurse to submit to a period of random drug testing.  Additionally,  the Ohio Nursing Board has the authority to suspend a nurse’s license and/or can place the nurse on probation.

If you need treatment, you should obtain comprehensive treatment. The Ohio Nursing Board does not maintain an approved list of treatment providers.  The nurse may choose any treatment center that will provide them with the treatment needed for their addiction.

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 at 614-486-3909 or email me at beth@collislaw.com.

Ohio LPNs experience difficulties renewing licenses with new online system

LPNs who are renewing their nursing licenses in Ohio this year are required by the Ohio Board of Nursing to renew online. The Ohio Board of Nursing will no longer accept paper renewal or initial licensure applications. All applications must be submitted online.

However, as WSYX Channel 6 Investigative Reporter Brooks Jarosz discovered, the new online application process has not been without problems. See Jarosz’s report: http://abc6onyourside.com/investigators/technical-problems-persist-for-nurses-license-renewal

In order to start the renewal process, each nurse should have received a letter from the Nursing Board with their Log In ID. If a nurse moved since their last renewal and has not updated their address with the Nursing Board, the nurse may not have received their Log In ID. In Ohio, nurses are required to maintain a current address with the Nursing Board. Nurses can update their address at the Nursing Board’s website. The Nursing Board will not accept emails or a letter advising of a new address.

There are 58,000 licensed LPNs in Ohio. Ohio LPN licenses which have not been renewed timely lapse on November 1, 2016. If you have not timely renewed your Ohio LPN license, you MAY NOT WORK ON AN EXPIRED OR LAPSED LICENSE.

Do not wait until the last minute to attempt to renew your license. After September 15, you will be charged a late fee in connection with your renewal application.

To check on the status of your license, visit the Nursing Board’s online license verification page at: https://elicense.ohio.gov/oh_verifylicense

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 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: New way to update your address with the Nursing Board

Moved? Changed your Name? Manage your Nursing License/Certificate Online

As a nurse licensed to practice in Ohio, it is your responsibility to notify the Nursing Board of any changes to your address or your name.

Beginning July 1, 2016, all name and address changes must be performed on-line by accessing the Nursing Board’s new eLicense 3.0 licensure system. (Simply sending an email or letter to the Board with your new address will NOT be sufficient to update your address.)

Listed below are the steps to register as a new user on the Nursing Board’s eLicense 3.0 licensure system. This information was obtained on the Nursing Board’s website under the section “Forms and Applications.”

Failure to notify the Nursing Board of a change in name and/or address could cause an issue for a potential employer performing on-line licensure verification. By not updating your name and/or address, it could hinder the Nursing Board’s ability to provide you with written notification in a timely fashion.

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 us at Beth@collislaw.com.