Ohio Board of Nursing Discipline and NCLEX-RN and NCLEX-PN Applicants

I stumbled on this forum the other day.

Look at the responses and how freely nurses are willing to give legal advice to other nurses about State Nursing Board applications for licensure and criminal convictions.

NCLEX-RN and NCLEX-PN applicants comprised the largest number of complaints as a group in Ohio for Fiscal Year 2008. See the Ohio Board of Nursing website and look for the Annual Report. http://www.nursing.ohio.gov/Publications.htm

To all these online forums and chatrooms where nurses and nursing students are casually giving legal advice and counseling to other nurses and nursing students about licensure, contracts, professional practice, employment, criminal, regulatory, workplace, and other matters related to nursing practice, keep up the good work.

I am a nursing licensure defense attorney and you are helping my bottom line because at some point a chunk of those nurses and NCLEX applicants seek legal counsel, representation, and advising when things are "go as expected" and the s*&% hits the fan!

In my opinion this is one of the reasons why nursing licensure defense attorneys in Ohio (and there are probably 5-10 attorneys who handle a significant number of these cases on a routine and daily basis in the State) are so very busy even in a reccession with Ohio Nursing Board disciplinary investigations and adjudications.

See http://allnurses.com/ohio-nurses/application-licensure-ohio-290379.html.

Comments

[Nurse T]

I'm an LPN. I had an allegation made against me with the Ohio Board of Nursing. I responded in writing. It has been 8 months I haven not hear anything from the Board. I contacted the Board on several occasions, due to my name not appearing on the board of Nursing verification page and no one will return my call. I'm not guilty of the accusation made against me, and I'm in fear that they will try and take my license. What do you suggest I do?

[LaTonia]

You need to contact the Ohio Board of Nursing or review the Ohio Board of Nursing website for how to obtain a license in Ohio with a foreign education and credentials. You can also see:

http://www.medscape.com/viewarticle/555121_5

http://www.cgfns.org/. CGFNS International (also known as the Commission on Graduates of Foreign Nursing Schools) is an internationally recognized authority on credentials evaluation and verification pertaining to the education, registration and licensure of nurses and health care professionals across the world.

[neti]

i passed my general nursing and midwifery from india. now i am in ohio cleveland. so i would like to do rn what kind of study i do for rn. Someone mentioned the nclex rn. i dont know what should i do pls i m so confuse plz plz plz tell me

[LaTonia]

Thank you for the comment. I cannot provide you with legal advice on this blog. I do offer email consultations for OH,KY, and/or IN issues. See my website at www.nursing-jurisprudence.com or contact my assistant Jack at 513-328-7253.

[Concerned]

I am employed at a Methadone clinic where we have inpatient residents for up to 90 days. My concern is that one of the residential client's family member brought in an RX for Xanax that was given to my supervisor. Upon obtaining the RX, she did not count the medication. 2 days later it was discovered that out of a RX for 120 Xanax, 104 came up missing. The physician that originally ordered the RX would not write another, so our physician did so to cover up the matter. I do not believe this was reported to the DEA or the Board of Nursing...Am I liable for not reporting!

[shana]

I was wondering i pled no contest to a domestic violence misdemeanor charge. I saw the rules for this and they state it cannot be against a minor or elder, which it was not and i cannot be a repeat offender, which i am not. I meet the requirements but am so afraid to move forward with nursing school my classes start soon what should i do? Will I be able to take the NCLEX?

[latonia]

Hi Nancy,

I would suggest that you contact a nursing law attorney in your state. I cannot provide you with legal advice on this blog. If you cannot find an attorney, see www.taana.org or contact your State Nurses Association for assistance.

[nancy scur]

Does a breach in confidentiality require that the information be shared with a third party or is it simply viewing documents of a patient that you are not taking care of.

[nancy scur]

I was wrongfully terminated. I was accused of trying to dispense my husband's lovenox to a patient. There was no evidence because it simply didn't happen. The hospital contacted the board of nursing for a possible violation against my license. Do I need to to volunteer that I am under investigation by the board of nursing on a job application or at an interview? I need to make sure because jobs are few and far between and by admitting to it I come across as damaged goods even though I am not guilty.

[latonia]

Dear Pat,

I am really sorry to hear about your situation at work. I would suggest that you contact a nursing law attorney in your State to discuss your situation.

[pat]

i was terminated from my job as LPN on a skillled unit. it was a "at will company". they used failure to follow the safe standard practice of nursing. the VP of HR states was a firestorm from begining. but i was the nurse fired. a night shift nurse was with me during time in question. he was not fired, not the other nurses who did not comply with the standard of nsg. unemployment found in my favor, i had excellent record with company. do i have any legal recourse?

[latonia]

Vince, thank you for your comment. I am not sure of what state you practice in but I would suggest that you contact a State Nurses Association in your jurisdiction for assistance. I cannot answer your question on this blog because it can be construed as providing legal advice.

[vince jackson]

can a nursing home compel a stna to work 8 more hours after they have worked there regular shift per/say afternoons to midnight

[latonia]

Dear Angela,

Thank you for your comment. Unfortunately, I cannot provide legal advice on this blog. My suggestion is for you to contact a license defense attorney or nursing law attorney in your state or jurisdiction to discuss your situation and your options for handling this situation. You can also contact your State Nurses Association or the Center for American Nurses for assistance.

[angela]

we are threatened with disciplinary action for staying and finishing our work

[angela]

what to do when your employer is forcing you to clock out without finishing your work?

[latonia]

Hi Jamie,

Thank you for your comment. I would highly suggest that you speak with a license defense attorney about your situation and your options for licensure ASAP and if not now, certainly before you graduate and apply for a license with the Board. You can contact Jack, my recovery assistant at 513-328-7253 to schedule a legal consultation with me or you can email Jack at [email protected]. If we don't hear from you, take care of yourself and try to f/u with an administrative law or license defense attorney at some point before you graduate from nursing school.

[jamie]

I am currently a CMA. I have been accepted to my local college for nursing. 18 months ago i received a intervention in lieu of conviction my original charge was trafficking a controlled substance. I had to complete IOP and other treatment plans for the last 18 months even though this will be wiped cleaned from my record. I just found out that the Ohio Board of Nursing can deny my licence. Any helpful info you can give me would be greatly appreciated.

[latonia]

Laverne, thank you for your comment. I am so sorry to hear about your situation. Everyone makes mistakes and it sounds as if you are still paying for your mistake some 20 years later. I would suggest that you speak with a nurse license defense attorney in your state who also has a nursing background about your options for employment going forward.

[Laverne]

I have been a licensed practical nurse for four years now. I have a felony from 18 years ago, and have been put on restriction from certain jobs. I was not aware that this would happen when i applied to nursing school in 2002/2003. I have had such a hard time maintaining employment because of the restrictions placed upon me. The only places I can work are in the hospital or rehabilitation centers. These facilities only want RN's at this point. I an very discouraged at this point, and have gone back to school to reeducate myself to possibly obtain another licensure. I am almost forty, and feel that my hopes of continuing as a nurse are in vain. I want to know when are they going to start focusing on the time frames that maybe the felony was committed, and whether or not another has occurred, and changing the law on this. There are some people who simply make one mistake in their youth, and nothing more. I was 22 at the time, and will soon be 42. I have more than proven myself. I am an excellent nurse. Is there anything I can do?

[latonia]

Thank you for the comment. Contact a nurse license defense attorney in the State where you are applying to sit for the NCLEX-Exam. You need to determine what if anything needs to be disclosed to the State Nursing Board.

[RENNIE]

If a new Nursing school graduate had shock probation and their record expunged 14 years ago, do they have to divulge this information when applying for the NCLEX exam? This person was not convicted of any crime.
Thank you for your help.

[LaTonia]

Dear Brad,

Thank you for your comment. This isn't a nursing chatroom or forum where you can submit questions and receive advice from other nurses. I do not provide legal advice on this blog related to specifc questions.

You can try allnurses.com and post your question for general comments or you can try another nursing board or forum.

My suggestion is that you contact a license defense attorney in Ohio and schedule a legal consultation to discuss your options, i.e. whether or not you should continue your nursing education in light of your criminal conviction and how your criminal conviction will impact your suitability for licensure and employability.

[Brad Estes]

I was attending nursing school six yrs ago in cincinnati when I was convicted of a domestic assault felony. I was just starting my clinicals and I believed my dreams of ever being a nurse were over. Recently I have been wanting to make that dream a reality is there any chance I can go back to school, is there a statute or period of time ? I was told that the Ohio board will not allow violent offenders to sit for the NCLEX Does anyone have any advice or suggestions?

Brad

[latonia]

Dear Kelly,

Thank you for the comment. You should contact a nurse attorney who is a license defense attorney in your state or jurisdiction to discuss your situation. See www.taana.org and contact the Nurse Attorney referral line for a referrral.

[Kelley Briggs]

I was dismissed from a nursing school. 1) I failed an alcohol test, in which I drank the night prior to class in the morning, but the school has a no tolerance rule and 2) I did not pass 2 classes which got me an academic dismissal. Both dismisses were in the same semester. I want to apply to another school and I wanted to know would I be eligible to take the NCLEX-RN exam?