Facing criminal domestic violence charges would be upsetting for everyone, but as a nurse, you have more to lose than the average person. Regardless of whether the charges are dropped or your case is pursued to the fullest extent of the law, domestic violence charges are a threat to your Ohio nursing license. When you've been charged with domestic violence as an Ohio nurse, you will have a battle on two fronts ahead of you – one in the courts and one with the Ohio Board of Nursing.
While it can be tempting to ignore anything related to your nursing license while dealing with seemingly unrelated criminal charges, you can't afford to put it on the back burner – it could cost you your nursing license. At the Lento Law Firm, we know you have a lot of balls in the air with the domestic violence charges against you; let us protect your Ohio nursing license through the process. Our Professional License Defense Team knows how best to present your situation to the Ohio Board of Nursing to preserve and mitigate the professional consequences to your license and livelihood. We know that as a nurse, you always put your patients first, but it's time to let someone put you first, which is the Lento Law Firm. Contact us today at 888-535-3686 or use our online form.
Domestic Violence Laws in Ohio
Domestic violence laws in Ohio are broad. While some states limit domestic violence to partner abuse, Ohio extends the definition of domestic violence to any family or household member, including:
- Spouse
- A person living as a spouse/partner
- Former spouse
- Parent
- Foster child
- Child
- Parent of a spouse/partner
- Child of a spouse/partner
If you are accused of domestic abuse involving an older person or a child, you may also be facing additional charges that compound the complexity of your case. Elder abuse or child abuse charges may also be on the table.
How Domestic Violence and Related Charges Can Impact Your Ohio Nursing License
If you're an Ohio nurse charged with domestic abuse, elder abuse, or child abuse, you can expect the consequences to extend beyond your criminal case. You can expect the Ohio Board of Nursing to scrutinize any nurse facing domestic violence and other related charges. These types of charges raise concerns about a nurse's ability to provide safe care – a necessary tenant of the practice of nursing. Even when criminal domestic violence cases are dismissed, the Board of Nursing will likely look closely at the allegations. The Board of Nursing works to ensure all its nurses are of high moral character, and even a baseless accusation can threaten your reputation and license.
Nurse Licensure Compact
If you're a nurse, charges and convictions for domestic violence can impact your ability to practice nursing not just in Ohio but in other states as well. After a domestic violence allegation or conviction, you might be tempted to start over elsewhere, but that isn't necessarily possible. Ohio is part of the Nurse Licensure Compact (NLC), meaning you can use your Ohio nursing license to practice in other NLC states. In Ohio, a domestic violence conviction is a felony conviction. NLC does not allow nurses with felony convictions to have NLC privileges. A domestic violence charge alone does not disqualify a nurse from NLC privileges, but you will likely be required to report your Ohio Board of Nursing investigation and disciplinary action (if taken) to any other state nursing boards where you intend to practice.
My Domestic Violence Charges Involve a Restraining Order – Does This Impact My License?
If you have been charged with domestic violence in Ohio, the charges may have been accompanied by a Domestic Violence Temporary Protection Order (DVTPO), a Criminal Protection Order (CRPO), or a Civil Protection Order (CPO). A restraining order definitely has the potential to impact your nursing license. Regardless of whether the type of restraining order is criminal or civil, it can raise red flags for the Board of Nursing about your moral character and judgment. If a restraining order is permanent, it will also appear on background checks, meaning it can be visible to the Board of Nursing and potential employers.
Ohio Board of Nursing and Mandatory Reporting Requirements
Whether or not you need to disclose your domestic violence case to the Board of Nursing isn't such a simple determination. There are different rules for mandatory self-reporting and mandatory reporting of another person, and the reporting lines aren't always clear. Whether reporting is required or discretionary depends on a few things, such as the result of your criminal case.
Mandatory Self-Reporting
Under Ohio law, a nurse is required to report to the Board of Nursing within 30 days if their domestic violence charges result in:
- Conviction of guilt
- Plea of guilty
- Plea of no contest
- Judicial finding of eligibility for a pre-trial diversion or similar program
Nurses must also report the above during their license renewal process, even if the Board of Nursing has already been notified of the criminal conviction.
Deciding whether to disclose charges against you before your criminal case has reached its outcome or if your case is dismissed can be more complex. The Ohio Nurse Practice Act allows the Board of Nursing to take disciplinary action against a nurse if a criminal action is brought against them, even without a guilty conviction, unless the case is dismissed on the merits of the case. For example, if your case is dismissed based on a procedural error or the statute of limitations has run, the Board or Nursing may still pursue an action against you.
What can be a bit confusing for nurses going through the criminal process is understanding if and when in the criminal process to report. While the Board of Nursing can take action when criminal action is brought against you, there isn't any mandatory reporting requirement until after a conviction or guilty plea. Navigating the timeline for when and if to disclose your case to the Board of Nursing can depend on the specifics of your case.
Failing to report charges and convictions can have real consequences. If the Board of Nursing believes you failed to report when you should have, you can face disciplinary action on that basis alone. The last thing you want is for the Board of Nursing to feel like you have deceived them from the get-go; your goal is to have your honesty rewarded if they decide to investigate your case.
The Lento Law Firm attorney will advise you on if, when, and how to disclose your case to the Board of Nursing. If disclosing is required or your best option, we will prepare you on how to disclose your case and represent you through the Board of Nursing disciplinary action process.
Third-Party Reporting
Keep in mind that if you don't disclose the charges or conviction against you, someone else may do it for you. Employers and colleagues are mandatory reporters, meaning they must report concerns about a nurse's behavior or criminal conduct that could impact patient safety. Whether your employer or colleagues believe the domestic violence criminal charges or conviction falls under that category is subjective. These parties may be more inclined to report even if they aren't 100% sure they are required. The reasoning is that employers and colleagues can have their licenses threatened for failing to report.
What to Expect from the Ohio Board of Nursing
Once your domestic violence charge or conviction gets on the Board of Nursing's radar, whether through self-reporting or a complaint from another party, the Ohio Board of Nursing disciplinary action process begins.
Notice of Proceeding
You can expect the Board of Nursing to send you a notice of the proceedings against you. The notice will include the charges against you (these are the charges from the Board of Nursing, not your criminal charges), an overview of the disciplinary process, and a date by which you must respond to the notice. If you have not already retained the Lento Law Firm by the time you receive notice of the proceedings, you need to call now.
Domestic violence allegations, even without substantiation, already put you in a bad light – you cannot afford not to respond perfectly to the Board of Nursing at every turn. While the Board of Nursing should be unbiased in investigating and hearing your case, you can never guarantee they are truly giving you the benefit of the doubt. You need the Lento Law Firm Professional License Defense Team in your corner from the start.
Response
The Lento Law Firm attorney will assist you with the response to ensure you appropriately respond to the Board of Nursing in a way that discloses what you need to while presenting you in the best possible light.
Investigation
After your response is submitted, the Board of Nursing will appoint an investigator in your case. The Board of Nursing will likely collect and review all the documents from your criminal case and interview you and any relevant parties or witnesses.
Consent Agreement
The Lento Law Firm attorney will be working to reach a consent agreement throughout the disciplinary action process. When you meet with the Lento Law Firm attorney, they will let you know what sanctions you can expect from the Board of Nursing, considering the facts and outcome of your criminal case. You can then determine what outcomes you would feel comfortable with in a settlement agreement. The Lento Law Firm attorney will advocate for the most minimal sanctions to limit the impact on your nursing license and career.
Hearing
If a consent agreement cannot be reached, you will go to a formal hearing. In some cases, a formal hearing is postponed until a criminal case is resolved. A hearing works like a trial in that the Lento Law Firm attorney will present evidence, examine and cross-examine witnesses, and argue your case.
Determinations
The Board of Nursing may decide immediately after your hearing or wait until the outcome of your criminal case. Ultimately, the Board of Nursing can take any of the following actions:
- No action
- Reprimand
- License probation
- License suspension
- License revocation
Alternative to Discipline
If your domestic violence charges are related to an alcohol or substance use disorder, the Lento Law Firm attorney may be able to convince the Board of Nursing to pursue an alternative to discipline. The program is called the Alternative Program for Substance Use Disorder. There are many eligibility requirements for the program, and participation has its own pros and cons. Our Professional License Defense Team has worked with countless nurses who have been in these programs and can tell you how they work and how they may benefit or be a disservice to you based on the facts of your case.
Appeal
If the Board of Nursing has taken disciplinary action against your nursing license because of the domestic violence allegations against you, you may be able to appeal its decision. Especially if the Board of Nursing took severe action against your license while your criminal charges were still pending, then it didn't have a complete picture when deciding your case. Whether the Lento Law Firm attorney represented you throughout your initial Board of Nursing disciplinary action process or went in alone, our Professional License Defense Team can help with your appeal.
Protect Your Career – Retain the Lento Law Firm Today
If you're facing domestic violence charges as an Ohio nurse, you need the Lento Law Firm Professional License Defense Team. We will guide you in navigating the professional consequences of the charges and give you a clear understating of the Ohio Board of Nursing disciplinary action process, your rights, and potential outcomes. Whether charges are dropped or you plead guilty in your criminal case, the Lento Law Firm attorney will explain how each scenario can impact your license and how to best protect your career and future. Get started with the Lento Law Firm today by calling 888-535-3686 or contacting us online.
