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.

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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.