The Ohio Board of Nursing has a Board Hearing Panel which has been operating for a few months. The Ohio Nurses Association Deputy Executive Director Jan Lanier, RN, JD testified against the Hearing Panel on behalf of the Ohio Nurses Association. See the attached. Download OBNHearingPanel
The Board is modifying some of the rules language related to the Panel because of a few of the concerns identified at the rules hearing.
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Practicing before three State Nursing Boards gives me a different perspective for nurse license defense and Board investigations and adjudications. There isn't a perfect system for investigations and adjudications but if someone asked my opinion, I would be happy to provide it.
I think there is something to be said about appearing before actual Board members. This is an appealing part about the Ohio Board of Nursing Hearing Panel. I love this about the Indiana Board of Nursing! Yesterday, I appeared with a client before a panel at the Indiana Board of Nursing. The Indiana Board of Nursing "gets its hands dirty" and I like this. What does this mean? Meaning you appear before the Board related to initial applications, renewals, license, and disciplinary issues. There is very little contact for licensees with Board of Nursing staff because you are going before the Board, the full Board of Nursing. The Board deliberates right in front of the licensee and you know the outcome immediately. No closed sessions, no closed deliberations: its out there for you and everyone else in attendance.
Because the Indiana Board of Nursing is so active in the discipline process the Board Meetings are monthly and the meetings are jammed packed with hearings and appearances which doesn't leave alot of time for the discussion of other items. Its a nurse license defense attorney's dream:) Adjudicate me, baby!!
I would have liked to see Ohio use the Board Hearing Panel as a form of mediation with the Board Hearing Officer serving as the mediator. I should have sent this in as a comment to the Board's General Counsel and Compliance Manager months ago. This could have been an intermediate step before proceeding to a full hearing before an independent hearing officer. Actually there is still an opportunity to use the in-house Ohio State Nursing Board Hearing Officer as a mediator.
Nurses have more options for the adjudications of complaints in Ohio and more options is a step in the right direction.
At the Board meeting today it was stressed by the Board President that the number of the complaints filed against licensees is increasing (no surprise with the very vague mandatory reporting language and the push to report "everyone and their momma to the State Nursing Board" in Ohio) and the Board Hearing Panel will increase the efficiency of adjudication, allow nurses to appear before a Board of their peers rather than a hearing officer, and save money. It was mentioned during the meeting that Ohio could be another California if the number of complaints continue to rise (will be near 6,000 this year) and more licensees request hearings under the former "just an independent hearing officer" system. Its cost money to hire an independent hearing officer and it was postulated that the Board could not afford to hire an independent hearing officer to handle all of the hearings and there would be a long(er) backlog of cases, aka California.
Just say California Board of Nursing twice and really fast and this is enough in and of itself to strike fear in the hearts and minds of any State Nursing Board Member or Staff across the country. California Board of Nursing, California Board of Nursing.
I don't know. You know I am a lawyer and I am money hungry and really I see money for me regardless of the adjudication flow sheet utilized by the Ohio Board of Nursing: Consent Agreements, Staff Hearing Officer, Independent Hearing Officers, or Board Hearing Panel. I don't know if I can do the money dance just yet but I think I can do the money shake. Shake it, baby!!
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