Fairness is in the Eye of the Beholder

I attended the first Annual Administrative Law Seminar sponsored by the Ohio Attorney General Mark Dann's office today. It was really a very nice and informative seminar. Healthcare licensing boards were a focus of the seminar and the presenters.

One speaker remarked that Board disciplinary investigations, proceedings, and adjudications are handled in a fair manner for the most part. I would caution however that fairness, like beauty and ugliness is in the eye of the beholder.

Its easy for defense attorneys, judges, hearing officers, assistant attorney generals, and in-house regulatory board attorneys who are trained in the law to conclude that investigations, proceedings, and adjudications are "fair" in the sense of substantive and procedural due process rights afforded by federal and state constitutions, stautory law, regulations, and case law.

Fairness for me as a practicing Ohio registered nurse is more than notice and the opportunity to be heard in sense its expressed in  Ohio Revised Code 119 and Ohio case law. This concept and plea for action was expressed and implied by a few at the seminar; let's hope that the plea is heard and acted upon.

In administrative law, respondent licensees are not afforded the "rights" afforded to litigants in the civil justice system (depositions, discovery, statute of limitations, etc.) and to defendants in the criminal justice system (depositions, discovery,  statute of limitations, etc.). A licensee doesn't know this until he or she becomes involved in a licensure matter and 9 times out of 10 still doesn't know this because he or she is not represented by counsel before a licensing board. Is this fair to licensees?

The definition and practical application of fairness in nursing board disciplinary investigations, proceedings, and adjudications is in the eye of the beholder. The beholder can be a nurse, nurse regulator, board staff, defense attorney, patient, HCO administrator, state nursing association staff, etc.

What's your opinion? Do you think nursing board disciplinary investigations, proceedings, and adjudications are fair? How do you define fair?