Disciplinary actions – Ohio Rev. Code Ann. § 4723.28

“Disciplinary actions”

The board of nursing with a quorum vote may discipline an individual or restrict their nursing license if it finds that individual committed fraud to in order to obtain their license.  The board may impose a variety of sanctions for many reasons, including practicing with an outdated or a suspended license, conviction of a misdemeanor committed in the course of practice, and habitual or excessive use of controlled substances.  For a full list, look at (B)(1) through (B)(35) found here.

In this section, an individual is a registered nurse, licensed practical nurse, or dialysis technician.

Disciplinary action will use adjudication or in lieu of a hearing, the board may reach an agreement with the individual to resolve the alleged violation.  However, if the board does not ratify the consent agreement, the admissions and findings in the agreement are not valid.  When the board is required to give notice of an opportunity for a hearing and there is not a timely request for a hearing, the board may vote on a final order with sanctions without a hearing.

If a criminal action is brought against a nurse, and the action is dismissed, the board must reach their own determination through adjudication.  If the board finds that the individual did commit the criminal action or if the individual does not participate in the adjudication, the board may act as though the individual has been convicted of the criminal action.  On appeal, if the board decides that the appeal was a decision on the merits, then they will rescind it’s action permanently.  If the board decides it was not a decision on the merits, and upon further adjudication, the board determines that the individual did commit the act, then the board’s original action will be reinstated.  If the board does not find that the individual committed the act, then their action is permanently rescinded.

As part of the investigation, the board may consider an individual’s criminal background in regards to their performance of duties.  The board may also compel individuals to submit to a mental or physical examination if the board suspects the individual has an impairment that may affect their ability to perform nursing care.  Failure to submit to an examination is considered admitting that the allegations are true.  If impairments are discovered, the board can require treatment as a condition of granting authority to practice.

Information that the board receives in a complaint or an investigation is confidential.  The only exception to this confidentiality is to law enforcement or government entities conducting their own investigation, but the information revealed to them cannot be divulged to any other person or enitity.