The Ohio Board of Nursing met last week and Notices for an Opportunity for a Hearing were issued. The Notices are sent by certified mail to the nurse and if represented by legal counsel, to the attorney of the nurse. I receive one Notice already this week, how about you?
If you were "noticed" you will receive the certified letter this week by mail or next week by mail. If you were noticed you should seriously consider retaining legal counsel to represent you before the Board and at your hearing.
You need to seriously consider retaining a nurse license defense attorney. What is a Nurse License Defense Attorney? See this brochure from the Center for American Nurses (www.centerforamericannurses.org) at Download Nurselicensedefenseattorney.
I know I say this a few times a week or several times a month but nurses if you are involved in a State Nursing Board complaint you really need to consider retaining an attorney to represent you before the Board of Nursing at the beginning of the investigation. You can retain an attorney two weeks before a scheduled hearing if you like or you can retain an attorney after your license has been disciplined. Its your decision and its a decision that shouldn't be made lightly.
I have already spoke with three nurses this week who received Notices from the Ohio Board of Nursing.
State Nursing Boards cases are becoming more and more complex depending on the nature of the complaint and the attending circumstances. Far to many nurses fail to appreciate just how adversarial these types of cases are before a State Nursing Board and decide to "wing it." Wing it means you represent, counsel, and advise yourself or seek "legal" advice and counseling from peers, online nursing forums, and others.
Just a few words from someone who defends these cases for a living and loves it, I mean "loves" it:
1. There is a tendency to minimize and rationalize the behavior, actions, or inaction involved in a State Nursing Board case when you represent yourself because "you can't see the forest because of the trees." If you can't see the forest because of the trees how in the hell are you going to develop legal strategies for the defense of your license? Just something to consider;
2. The State Nursing Board staff may be nurses and the State Nursing Board members may also be nurses but remember their role is to protect the public from unsafe nursing care; its not to advocate for nurses, to advise you on your options, or tell you what you need to do in your case. Its not the role or job of Nursing Board staff to tell you "hey, you might need to hire a lawyer to assist you in your case." Don't get it twisted!!
3. You are way out in left field (and I am left handed) if you don't realize the State Nursing Board has staff including nurse investigators, nurse attorneys, attorneys, and others involved in investigation, prosecuting, and the adjudicating complaints. State Nursing Boards are not small "mom and pop" operations; State Nursing Board are state regulatory agencies with multi-million budgets and lots of staff to support the work and charge of Board Members. From DAY ONE when your complaint is being processed the Board is investigating the allegations and looking at this case from a legal and nursing perspective. So please please please rethink the "if I hire an attorney it makes me look guilty" line. If you have a complaint filed against your license you are "playing in the big leagues" whether you realize it or not as the State Nursing Board has attorneys in-house and outside legal counsel related to the investigation and adjudication of State Nursing Board complaints.
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