Its Due Process Alright! Its Just Watered Down and Caffeine Free

I support my State Bar Associations. Membership is voluntary but I do belong to the Ohio State Bar Association and the Indiana Bar Association. Kentucky is a mandatory bar, so I don't have a choice. But that's another post.

One of the benefits of OSBA membership is the Ohio Bar Report, the green book which includes litigated cases including attorney discipline.

In Discipline Counsel v. Heiland, 116 Ohio St.3d, 2008-Ohio-91, an attorney was charged with violating the Code of Professional Responsibility. One of the attorney's argument's was that his right to due process was violated because the charging agency was allowed to amend its complaint 20 days before a scheduled hearing.

The Ohio Supreme Court stated "the standards of due process in a disciplinary proceeding are not equal to those in a criminal matter. A disciplinary proceeding is instituted to safeguard the courts and to protect the public from the misconduct of those who are licensed to practice law, and is neither criminal nor a civil proceeding."

Do you think licensed professionals and licensed healthcare professionals including of course nurses should be afforded the same rights afforded to criminal defendants and civil litigants in administrative disciplinary investigations?

In my opinion, due process is due process. Why should we as licensed professionals be afforded less due process when its your license and your very livelihood at issue? Its another licensed professional this time, but it may be you next time or in the future.

Maybe state nursing associations and other organizations that advocate for nurses should tackle this issue. What do you think?