When Ohio nurses are arrested by police, it's more than just a routine legal issue to manage at a later court date. Many times, it's the beginning of an uncertain journey that can alter their professional identities and damage their careers for years to come. One unforeseen arrest—whether connected directly to the nursing practice, such as Medicare fraud or drug diversion, or for an unrelated crime like DUI or shoplifting—can mean the end of the ability to render patient care in the state.
The Ohio Board of Nursing (OBN) maintains strict conduct standards, and an arrest will initiate an intrusive investigation and disciplinary protocols. Regardless of the criminal action related to an arrest or whether courts convict or not, the board can levy sanctions such as:
- Restricted and limited practice that can harm professional standing with colleagues or supervisors
- License suspension that can place a significant financial burden on nurses and their families
- Permanent revocation of a license to practice and the end of a nursing career
Mitigating the effects of an arrest must begin immediately, as failure to report to the OBN can turn a minor situation into a much larger, more stressful one. When the board seeks discipline, the Lento Law Firm is dedicated to ensuring nurses have an adequate defense against adverse action. Whether nurses are working in busy Cleveland or Columbus hospitals, clinics in Akron or Cincinnati, or elsewhere throughout the state, call Our Professional License Defense Team at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
When Must Nurses Report Arrests to OBN?
Ohio's nurses must follow a wide range of guidelines governing the promotion of safety and care to ensure patient protection. Some of the most significant in support of that mission includes the mandatory reporting of criminal activity. The OBN requires nurses to inform them of the following:
- Misdemeanors with a direct and substantial relationship to the practice
- Felony crimes
- Driving under the influence (DUI)
- Operating a vehicle under the influence (OVI)
- Violations of any municipal, state, county, or federal drug law
- Pleas of "guilty" or "nolo contendere"
- Admittance into a pretrial diversion program in lieu of a conviction
Nurses must report within 30 days. The requirement is in addition to reporting criminal action during the biennial renewal process. Therefore, nurses do not necessarily have to report arrests, only criminal charges and other unlawful violations. However, that doesn't mean that if the local court system has a continued arraignment or a formal charging date, individuals should think they can skirt the 30-day reporting period.
Whenever OBN issues a license, applicants must submit fingerprints to the Ohio Bureau of Criminal Investigation and the Federal Bureau of Investigation so they can complete a criminal background check. Authorities will know through information-sharing systems when criminal charges are filed against a nurse.
Non-Practice-Related Arrests
Arrests can occur for many reasons. From misdemeanor offenses like theft or simple assault to felonies like unlawful drug possession and sexual violence, nurses face the same legal consequences as anyone else. However, they do face unique situations, as many arrests can directly affect their authority to practice.
When crimes indicate elements of violence, such as assault, battery, or even domestic disputes, the OBN could use the arrest as evidence that the nurse's conduct could place patients at risk, but the final effects will depend on case-related facts. In domestic cases, suspected victims can petition courts for protective orders or restraining orders. Even if harm is eventually unsubstantiated, the order can lead to disciplinary action.
It isn't just serious criminal charges that can cause the board to hand down discipline. Even something as minor as shoplifting from a grocery store raises concerns among the OBN about moral character issues. But one of the more common reasons nurses find themselves in trouble with municipal courts stems from substance abuse. While much can be attributed to their high-stress working conditions, DUI, OVI, or public intoxication can also motivate the board to act further. The OBN will not hesitate to levy discipline while alcohol, prescription drugs, and recreational or illegal narcotics impair their practice.
Practice-Related Arrests
Arrests aren't relegated to situations where nurses are traveling to work on public roads, out with their families on the weekend, or otherwise going about their personal lives outside of work. They can and do happen in medical centers, community clinics, hospice facilities, in-home care services, and anywhere else nurses render patient care.
Given a nurse's regular access to controlled medications, drug diversion ranks among the most frequently encountered practice-related issues. Drug diversion happens when a nurse unlawfully removes or takes controlled substances from their healthcare workplace, either for personal consumption or with the intention to distribute, or if they happen to be related to theft.
Beyond issues of substance misuse, nurses might also find themselves involved in patient-related complaints serious enough to result in an arrest. Many of the OBN's rules governing unprofessional conduct often intersect with those that address criminal acts, such as:
- Harassing or abusing patients, supervised personnel, or other persons
- Committing an act of sexual abuse or misconduct
- Practice impairment from alcohol, substance abuse, or mental disability
- Exploiting patients for profit
- Engage in dishonesty, fraud, deceit, misrepresentation, or other illegal conduct
When Ohio nurses are arrested and charged with criminal activity, arrests, such as those involving drug diversion, abuse, or impairment, the OBN evaluates the situation for potential risks to patient safety and public welfare. In circumstances where the alleged behavior indicates immediate danger, the board possesses the authority to initiate immediate disciplinary protocols.
Summary Suspensions
When there is "clear and convincing evidence" that continued practice by an individual presents a danger of immediate and serious harm to the public, the OBN can impose a summary suspension. Nurses will have their credentials held without a hearing as determined by the president and the executive director of the board.
Summary suspensions—effective for a maximum of 90 days—are used only in cases involving serious criminal charges, such as:
- Murder, aggravated murder, and voluntary manslaughter
- Felonious assault and kidnapping
- Rape, sexual battery, and gross sexual imposition
- Aggravated arson, aggravated robbery, and aggravated burglary
Even if acts are charged as crimes in other states and jurisdictions, OBN can still levy a summary suspension. Immediately following the decision, the board must serve the nurse with a written order informing them of their right to contest the findings. The board must provide the time, date, and place for the hearing, occurring within 15 days but no earlier than seven days after receiving the notice. The board must issue its final adjudication within 90 days.
OBN Investigations and Disqualifying Offenses
To determine whether an arrestable offense will affect a nurse's practice, OBN assigns staff to conduct a formal inquiry. With subpoena power, the OBN can access patient records, insurance billing statements, and prescription inventories, among others in practice-related situations. In cases involving off-the-job conduct, the board will seek officer statements, drug tests, or look for witnesses who can give a greater insight.
The board uses a pre-determined catalog of potentially disqualifying offenses that present grounds for license suspension or revocation. Although not an exhaustive list, some acts it includes are the following:
- Violent acts like involuntary manslaughter, improperly discharging a weapon in a residence, or intimidation of witnesses.
- Acts of a sexual nature, such as unlawful sexual contact with a minor, crimes leading to registration as a sex offender, and voyeurism.
- Offense related to drugs and controlled substances, such as trafficking, tampering, illegal possession, and permitting drug abuse.
- Theft-related acts, such as forgery, counterfeiting, insurance fraud, and unauthorized use of property.
Those listed by the board are noted as "potentially" disqualifying and not "automatically" disqualifying. There are far more circumstances the board takes into account when determining the fitness of a licensee to continue their practice. Factors may include but are not limited to:
- The nature and seriousness of the arrestable offense
- The amount of time passed since the crime was committed and the status of court orders
- The nurse's behavior since the arrestable offense, such as rehabilitation or treatment
- Relationship of the crime to the ability, capacity, and fitness required to perform duties
- Whether suspension or revocation is reasonably necessary to ensure public safety
Upon completing its determination of appropriate discipline, the board will offer the nurse a consent agreement. This agreement allows individuals to accept punishment imposed because of the original arrestable offense without moving forward to formal proceedings. However, nurses who disagree with OBN's final decision may petition for an administrative hearing, where an Administrative Law Judge will preside over a hearing that, in the end, will affirm, reject, or modify sanctions.
Board Sanctions and Rehabilitation Programs for Ohio Nurses
After an administrative hearing, licensed nurses may seek judicial review of the decision, but unless procedural errors occurred or new evidence emerges, it's likely they will have to endure the consequences. If nurses retain their licenses, it will be under limited conditions, often with probationary measures. For instance, nurses may be restricted from working in certain settings based on their arrests, such as crimes of abuse disqualifying one from providing care to children or older adults.
With substance abuse cases, such as possession, DUI, or others, licensees can take advantage of joining a board-approved program in agreement for deferred disciplinary action, such as the OBN's Alternative Program for Chemically Dependent Nurses. The confidential treatment program allows eligible nurses to enter into a monitoring contract which includes evaluations for addiction, actionable recommendations, random drug screens, and requires abstention from drugs and alcohol. Those who are ineligible for the program include:
- Nurses who are prescribed controlled substances by their physicians
- Nurses who have a dual diagnosis with another medical or psychiatric condition
- Nurses who have completed drug and alcohol treatment two or more times in the past
Nurses may be required to place their license on inactive status for six months at the beginning of treatment but can return to practice upon successful progression and months of clean screens. Program provisions can last up to five years, but participation remains confidential and is not considered "discipline" by the OBN. Therefore, there is no notation on the board's website or in any publications, and after full completion, it is not reported to the National Practitioner's Data Bank.
Nevertheless, not all nurses are afforded the option to keep their licenses. Many times, nurses must face a form of suspension, which can last from six months to five years. Even without full revocations, returning to practice following a separation can be a further challenge to saving a career.
Protect Your Nursing Practice With the Lento Law Firm
Facing an arrest as a licensed nurse in Ohio can feel overwhelming, but it's important to recognize that difficult situations don't define a nurse's career. Even though the OBN takes any arrestable offense and subsequent criminal charges with the utmost seriousness, nurses have access to experienced legal help.
The Lento Law Firm is known throughout Ohio for putting licensed nurses in the most appropriate positions to retain their ability to practice when facing charges after an arrest. Our Professional License Defense Team understands how the OBN manages practice-related and non-practice-related incidents and how to challenge the sanctions they look to impose.
Our team of attorneys is an invaluable resource for nurses and will assist with the following critical aspects of defense:
- Collecting mitigating evidence and witness testimony to promote fitness to practice
- Advocating for placement into alternative disciplinary programs
- Negotiating with the OBN for a reduction in sanctions
- Support efforts to have a license reinstated if suspended or revoked
Attempting to navigate the consequences of arrests alone can quickly lead to unintended consequences and permanent reputational damage. However, since Ohio licensed nurses have access to top-tier legal counsel, it should give them confidence that an arrest isn't the end of a long, rewarding career. To begin your defense and protect your ability to practice, call the Lento Law Firm Professional License Defense Team at 888-535-3686 today or fill out our consultation form, and we will contact you.
