Update: Nursing Scope of Practice vs. Practice of Law

I posted last month on whether it was permissible for nursing instructors, professors, and faculty to counsel and advise nursing students on completion of a Board of Nursing Application for Licensure by Examination. I submitted my question for consideration to the Ohio Board of Nursing.

The Ohio Board of Nursing's General Counsel, Holly Fischer replied (via email) that the question raised is whether advising an individual in answering license application questions constitutes rendering legal advice. She also referred me to the Ohio Supreme Court's Board on the Unauthorized Practice of Law. See http://www.nursing.ohio.gov/PDFS/NextMeeting/M2/1.3EDReport.pdf.

Ohio Board of Nursing staff are preparing an article to be published in the next edition of Momentum, the Board's quarterly newsletter, on this issue. The Ohio Board of Nursing, Executive Director, Betsy Houchen, in her report to the Board at its meeting last month, noted that "applicants are responsible to how they complete the application. Our response to questions is that if in doubt, report and disclose all information, contact the Board for clarification, or contact an attorney for legal advice." (I added the emphasis here).

I did not follow up with the Ohio Supreme Court Commission on the Unauthorized Practice of Law. As a licensure defense attorney, my goal is to create an awareness of this issue. An article in the Board's Newsletter will facilitate a discussion and most certainly publicize this legal minefield for consideration by nursing schools, faculty, and nursing students.

Practicing law without a license can be a crime (depending on the state) and can subject a nurse to civil penalties and the State can seek injunctive relief. Moreover if a nurse is accused of the UPL, the State Board of Nursing will most likely investigate the nurse. What nurse would want to be involved in a concurrent civil (UPL investigation), criminal (law enforcement to determine if a crime has been committed), and/or administrative (Board of Nursing investigation) cases? This type of case would most likely receive some media coverage as well.

Furthermore its not beneficial for nursing students and NCLEX-Applicants to rely on lay advice in a matter of such professional and financial significance- their license and nursing career.