Ohio Nurses: Failure to Document May Result in Disciplinary Action Against Your Nursing License

The importance of documentation in the nursing field cannot be underestimated.

The Ohio Board of Nursing is authorized to discipline a licensee for (among other things) failure to practice in accordance with acceptable and prevailing standards of safe nursing care.  Failure to document the administration or otherwise account for the disposition of controlled substances that the Nurse removed from the Pyxis, or other place where controlled substances are stored, may also be the basis for the Nursing Board to discipline a nurse.

In certain cases, the Nursing Board will offer the Nurse a Consent Agreement as an alternative to an Administrative Hearing.  A Consent Agreement allows the Nurse to avoid the time, worry, and expense of an Administrative Hearing.  Nurses do not need to sign a Consent Agreement. It is always a good practice to read a proposed Consent Agreement very carefully.  We have seen Consent Agreements that are based on allegations of failure to document the administration or otherwise account for the disposition of controlled substances. In many cases, the Consent Agreement requires  (in some cases, lasting years)  random drug screening, narcotic restrictions, and practice restrictions, even when there was no history of drug use or abuse by the Nurse.

If the nurse does not sign a proposed Consent Agreement, he or she always has the right to go to an Administrative Hearing.  The nurse can present evidence that there is no history of drug use or abuse and that the nurse has an otherwise excellent history of employment.  The Board’s attorney is going to present its evidence that the nurse failed to document the administration or otherwise account for the disposition of controlled substances that were removed.

It is imperative to completely, accurately, and timely document the administration or disposition (waste) of controlled substances or other drugs! The Nursing Board may place a nurse on probation and subject them to multiple probationary terms, even if there is no evidence that they suffer from chemical dependency and even if there is no evidence of diversion.

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.

 

 

 

ADVANCED PRACTICE REGISTERED NURSES: New Legislation to take Effect on April 4, 2017

On January 4, 2017, Governor Kasich signed Ohio Substitute House Bill 216 into law.

Effective April 4, 2017, there will be new licensing criteria for advanced practice registered nurses (APRNs).  A new APRN license will replace the current “Certificate  of  Authority” and “Certificate  to Prescribe”.

The APRN license will also authorize a Certified Nurse-Midwife (CNM), a Certified Nurse Practitioner (CNP), and a Certified Nurse Specialist (CNS) to prescribe.  In order to obtain the new APRN license, CNPs, CNSs, and CNMs must have either a current Certificate to Prescribe or Certificate to Prescribe Externship, or have completed a 45-hour course in advanced pharmacology within five years of the application date.

Additional information is available from the Ohio Association of Advanced Practice Nurses here: http://c.ymcdn.com/sites/www.oaapn.org/resource/resmgr/hb_216/HB_216_Signed_Revised_-_Effe.pdf

A FAQ from the Ohio Association of Advanced Practice Nurses is here: https://oaapn.site-ym.com/page/HBFAQ

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.

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.

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.

You have a right to counsel when meeting with a Nursing Board investigator

The role of the Ohio Board of Nursing is to regulate the practice of nursing. This entails issuing professional licenses to nurses and also investigating and imposing discipline on nurses who violate the Ohio Nurse Practice Act.

Often, a nurse first learns that a complaint has been filed against them with the Nursing Board when they are contacted by a Nursing Board investigator. The Nursing Board has “field” investigators who work throughout Ohio and are each assigned to various geographic regions of the State.  Once a complaint has been filed or initialed against a nurse, an investigator is assigned to conduct the investigation. This may include collecting records from the nurse’s employer or from the Court. It may also include contacting the nurse for a personal interview.

Prior to meeting with the Nursing Board investigator, please understand that under Ohio law, (R.C. 9.84) you have the right to be accompanied, represented and advised by an attorney and you are also required to be advised of the right to counsel BEFORE you are interrogated.

Unlike in a criminal proceeding, you will not be assigned legal counsel for your defense. You are required to seek your own legal counsel to assist in your defense before the Nursing Board or any other administrative agency. However, you have a right to have counsel present.

Many nurses have asked me whether they “look guilty” by attending the meeting with legal counsel or if it “appears that they are hiding something” if they take legal counsel with them to the meeting. Nothing could be farther from the truth. Meetings with investigators can be intimidating, overwhelming and threatening. Any information that is obtained by the investigator can and will be used against you before the Nursing Board. In addition, if the investigator believes that the nurse’s conduct violates the law, they can also alert the local sheriff’s department or criminal Prosecutor, and in certain instances, criminal charges can be issued against a nurse.

While I often encourage nurses to fully cooperate in an investigation, including meeting with the investigator, I highly encourage nurses to retain legal counsel to assist them throughout the investigative and disciplinary process. You have a right to counsel under Ohio law and it is in your interest to exercise this right to protect yourself.

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