Despite the growing need for greater access to healthcare, many states, including Ohio, limit the ability of certified nurse practitioners to provide services without physician oversight. Honest, hardworking nurse practitioners who want to help others are stifled and can face punishments if they stray too far from their mandated agreements.
In addition to these restrictions, nurse practitioners are constantly at risk of accusations that can lead to sanctions against their licenses that limit their ability to work in the state. Sanctions can have lasting consequences that affect their career trajectory and prevent them from doing what they do best.
The Lento Law Firm is ready to help whenever you come under scrutiny. Our Professional License Defense Team can support you during disciplinary processes to prevent license sanctions or appeal punishments afterward. Contact us today at 888-535-3686 or through our website to get started.
Allegations That Put Certified Nurse Practitioners in Ohio at Risk
If the Ohio Board of Nursing receives a complaint or is aware of bad behavior, it can sanction or punish advanced practice registered nurses, including certified nurse practitioners, licensed in the state. Anyone in Ohio who believes their nurse practitioner engaged in wrongdoing can submit a simple, confidential complaint online or by mail, meaning nurse practitioners are never far from a potential investigation into their conduct.
The Ohio Board of Nursing wants to prevent harm to patients and maintain the integrity of the profession. They may punish a certified nurse practitioner for infractions or criminal actions, including:
- Violation of Prescriptive Authority Guidelines: Nurse practitioners cannot prescribe drugs or controlled substances to patients unless the situation calls for it. Nurse practitioners who are overzealous when prescribing drugs may face sanctions, and other actions like inaccurate documentation or record-keeping related to prescribing may similarly cause issues.
- Standard Care Arrangement Non-Compliance: Certified nurse practitioners must work within the bounds of their work arrangements with physicians and podiatrists. They cannot practice independently without a valid collaboration agreement in place.
- Misconduct: Misconduct is a broad term but may refer to rude or offensive behavior, insubordination, pervasive and chronic tardiness, inappropriate conduct with colleagues and patients, or violent threats.
- Substance Abuse: Working while under the influence of drugs, alcohol, or other substances can quickly lead to disciplinary action. Even if you are not on the clock, inappropriate or excessive use may warrant disciplinary action, especially when it leads to an arrest or related criminal action.
- Criminal Conviction: Most criminal convictions do not automatically remove your licensing, and nurse practitioners with a criminal record are still eligible to receive licensing after a review by the Ohio Board of Nursing. However, it can be a determining factor in punishments and lead to disciplinary action.
- Patient Neglect or Abuse: Certified nurse practitioners must always provide a high level of care to patients or risk disciplinary action. Behavior that falls below this standard of care includes deliberately causing patient harm, ignoring a patient's needs, or failing to assist certain patients without valid reasoning.
- Fraud, Misrepresentation, or False Information: The Ohio Board of Nursing may punish nurse practitioners who fail to provide accurate information during license renewals, license applications, job applications, and disciplinary hearings.
Nurse practitioners never know when a member of the public will file a complaint against them. Even small mistakes or lapses in judgment can risk your future as a certified nurse practitioner in the state, not to mention the risks of false allegations. The Lento Law Firm Professional License Defense Team is your first line of defense when facing accusations of wrongdoing or misconduct that risk sanctions on your license.
Protecting Against Sanctions Through the Ohio Adjudication Process
The Ohio Board of Nursing must investigate complaints, even if they end up going nowhere. Nurse practitioners in Ohio facing license investigations should reach out to the Lento Law Firm as soon as they know they are under investigation. Our Professional License Defense Team can help guide you through the adjudication process to limit the potential harm an investigation and sanction can have on your career.
Initial Complaint and Notification
Nearly all investigations that lead to license actions or discipline result from complaints made to the Board of Nursing. A patient or their family member usually starts investigations by filing a complaint. However, law enforcement agencies can share information related to criminal charges, which may result in complaints and risks to your license.
After receiving a complaint, the Ohio Board of Nursing will perform a simple preliminary process to determine whether to continue investigating. For example, if the complaint details actions that are standard practice, the Board of Nursing has no reason to conduct a thorough investigation, even if the complaint is genuine.
Regardless of their decision, the Board of Nursing will inform the nurse practitioner of the complaint, giving them details about the person complaining, what they alleged, and any evidence the person may have included with their complaint. If they do not pursue disciplinary action, they will either drop the case entirely or issue a warning.
This notification is the perfect opportunity for you to find an attorney to help you through the rest of the adjudication process. While you shouldn't delay in responding to a complaint, you also shouldn't try to defend yourself from accusations of misconduct, abuse, or fraud without a lawyer by your side. Contact the Lento Law Firm Professional License Defense Team whenever you receive a complaint that can jeopardize your future.
Automatic Suspensions of License
In most circumstances, the next step of the Board of Nursing will be to investigate and determine how valid the complaint is. However, they can issue an automatic suspension if there is clear and convincing evidence of danger or immediate harm to the public. Offenses that rise to this level include:
- Murder
- Assault
- Kidnapping
- Rape
- Sexual Battery
- Arson
- Aggravated Crimes
If you are found guilty of one of these crimes, the Board of Nursing will suspend your license, and you must go through a further adjudication process or risk a permanent suspension.
Investigation Phase
The Board of Nursing will investigate typical complaints of misconduct or abuse by gathering new evidence related to the complaint. They can interview patients, colleagues, or the accused to understand the complaint better. They can also look at previous medical and employment records to see if there are any patterns of infractions. This investigation will inform how the Board of Nursing goes forward with formal hearings and agreements.
An investigator is not a police officer, but you can think of them in a similar way. While you must comply with their reasonable and legal requests, most nurse practitioners are unsure what to turn over or if they have to talk with investigators. Working together with the Lento Law Firm Professional License Defense Team ensures that an investigator looking into your license does not trample over your rights as a nurse practitioner in Ohio.
Settlement Process
During disciplinary investigations, there may be opportunities to resolve the matter through a settlement without needing a formal hearing. While this method can be beneficial to speed up the process, it usually requires nurse practitioners to admit some level of guilt and submit to training or monitoring.
Each situation is different, and whether a settlement agreement is a good idea will rely on the facts of the case and the goal of the nurse practitioner facing licensing challenges. For example, if you wish to exonerate yourself completely, you may choose to proceed to a hearing and vigorously argue your position before the Board of Nursing. The Lento Law Firm Professional License Defense Team has experience with the Ohio settlement process for nurse practitioners and can help you decide whether a settlement agreement is the best option.
Formal Disciplinary Hearing
If a nurse practitioner refuses a settlement agreement or the Board of Nursing doesn't offer one, they will schedule a formal hearing. These disciplinary hearings look and sound like a courtroom, and the resulting actions may even affect your life as much as criminal charges. With so much on the line, you shouldn't waltz into a hearing without representation and a proper plan to defend yourself.
Even before the hearing, you must successfully comply with evidentiary requests from the Board of Nursing and many other procedural events. The Lento Law Firm can assist before, during, and after disciplinary hearings, making sure that filing mistakes or procedural missteps don't result in adverse actions against you.
Resulting Determinations and Disciplinary Actions
If the Ohio Board of Nursing finds reason to take disciplinary actions, they will inform the nurse practitioner of their decision and punishment. Common punishments faced by nurse practitioners include:
- Fines
- Official warnings or censures
- Mandated training
- License probation
- License suspension
- Limits on license renewal
In lieu of disciplinary actions, the Board of Nursing may recommend placement into two distinct non-disciplinary monitoring programs.
For investigations of substance abuse, nurse practitioners can complete the Alternative Program for Substance Use Disorder. Not all those facing disciplinary actions qualify, and the Board of Nursing must believe that the applicant's history shows the program is likely to work. Nurse practitioners in this program are subject to random substance tests and must abstain from unprescribed drugs and alcohol.
The board may recommend placement into the Practice Intervention and Improvement Program for a certified nurse practitioner with a practice deficiency identified by the board. A practice deficiency occurs when a nurse practitioner does not meet acceptable and prevailing safe and effective care standards. Typically, the Board of Nursing must determine that the nurse practitioner can improve their behavior through the program while not putting further patients at risk.
Appealing Disciplinary Actions After a Hearing
Unfortunately, many nurse practitioners in Ohio don't understand how serious disciplinary actions can be, resulting in them forgoing legal assistance during their hearings. You have the right to appeal a ruling by the Ohio Board of Nursing for many reasons, including if you believe:
- Their ruling is incorrect
- The disciplinary action is not warranted
- You should be allowed access to an alternative monitoring program
- Your rights were not respected during the hearing or investigation
- There was bias in the case
Appeals can be just as complex as initial investigations and hearings. If the underlying evidence is accurate, it can be hard to argue before an appeals court that the punishment does not fit. If a lack of legal representation and assistance leads to an unfavorable ruling, don't proceed to appeals alone. The Lento Law Firm Professional License Defense Team can step in to help at any point in the process.
While you appeal your rulings, you may still be able to work in Ohio through other roles, such as a registered nurse. Not all disciplinary actions affect all licenses, especially if responsibilities unique to your work as a certified nurse practitioner were the cause of any initial complaints. The Lento Law Firm can provide further clarity on your standing when we take on your case and learn more about your situation.
Supporting Certified Nurse Practitioners Across Ohio
The Lento Law Firm is committed to helping nurse practitioners across Ohio protect their licenses from sanctions that can hamper their future career goals. Our experienced Professional License Defense Team can help nurse practitioners working in many of the largest employers in Ohio, including:
- University Hospitals Cleveland Medical Center in Cleveland
- Mercy Health Anderson Hospital in Cincinnati
- Miami Valley Hospital in Dayton
- OhioHealth Riverside Methodist Hospital in Columbus
- Cleveland Clinic Main Campus in Cleveland
- Ohio State University Wexner Medical Center in Columbus
- ProMedica Toledo Hospital in Toledo
- Mercy Health in Lorain
No matter where you work or what sanctions you face, our team can help.
The Lento Law Firm Helps Certified Nurse Practitioners in Ohio
You worked hard to get your license. Even one sanction risks your career, and you don't have unlimited time to appeal the results of disciplinary hearings. Contact the Lento Law Firm today by phone at 888-535-3686 or through our confidential online form to get in touch with our Professional License Defense Team.
