DUI and Nurses

Nurses are licensed by the Ohio State Board of Nursing. The Board has the authority to approve or deny new licenses and suspend or revoke existing licenses. The Ohio Nursing Board has a set of published disciplinary guidelines for when a criminal offense, such as a drinking and driving charge, can impact a nurse’s license in Ohio. A criminal offense does not have to be related to the nurse’s practice to have an impact on her license. If you have an Ohio DUI case, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Ohio DUI lawyer may be able to prevent that from happening.

Are There Any Criminal Convictions that Will Automatically Prevent an Ohio Nursing Applicant from Obtaining an Ohio Nursing License or for which the Board Will Revoke an Existing License?

There are eleven criminal offenses that automatically bar an applicant from obtaining an Ohio nursing license. This means that the Ohio Board of Nursing is prohibited from issuing a license to an applicant who has been convicted of one of the following offenses:

• Aggravated Murder
• Murder
• Voluntary Manslaughter
• Felonious Assault
• Kidnapping
• Rape
• Aggravated Robbery
• Aggravated Burglary
• Sexual Battery
• Gross Sexual Imposition (GSI)
• Aggravated Arson

In addition, if a person has been issued a nursing license and is later convicted of one of the aforementioned crimes, the Ohio State Board of Nursing is required to automatically suspend the nurse’s license, effective immediately upon conviction.

Are there Other Ohio Criminal Convictions that May Cause Licensing Problems for an Ohio Nursing Applicant or an Ohio Nurse with an Existing License?

There are many lower level criminal offenses that do not act as an automatic prohibition to obtaining an Ohio nursing license, but nonetheless put the applicant in jeopardy of denial. The Nursing Board may refuse to grant a license for a conviction or a judicial finding of eligibility for intervention in lieu of conviction for the following types of offenses, including an Ohio DUI/OVI offense:

• Any felony, including felony DUI/OVI
• Crimes involving gross immorality or moral turpitude
• Misdemeanor drug law violation, including an Ohio DUI/OVI when drug-related
• Misdemeanors committed in the course of the nursing practice, including Ohio DUI

If a person has been issued a nursing license from the Ohio Nursing Board and is later convicted of one of the aforementioned crimes, including drinking and driving, the Nursing Board has the power to revoke a license or otherwise discipline a licensed nurse. The issue of whether a particular crime involves gross immorality or moral turpitude is challenging to interpret because there is no statute or rule describing which crimes meet this legal description. Rather, the Ohio Board of Nursing reviews each case individually based on the facts and circumstances involved, as well as by referring to Ohio case law.

Before making a determination on a license application or discipline on an existing license, the Ohio Board of Nursing reviews information including Ohio court records, police reports, DUI reports, standard field sobriety reports, breath test results, blood alcohol concentration (BAC) results, blood test results, urinalysis results, witness statements and any written explanation provided by the applicant or nurse. It is important to note that the mere reporting of an Ohio criminal offense does not mean that an applicant will be denied or an existing nurse disciplined.

When the offense is not on the list of absolute bars, the Ohio State Board of Nursing considers a number of factors when determining whether disciplinary action should be taken on an application or nursing license. The Board also evaluates the following: when the offense, including any Ohio DUI offense, occurred in relation to the application date, if the applicant or Ohio nurse has had other convictions, including DUI/OVI convictions or previous disciplinary action, the acts underlying the offense, including DUI offenses, and whether restitution has been made and/or probationary terms have been completed.

If the DUI is Dismissed or Reduced to a Lower Level Charge, Can an Ohio Nurse Still Have Problems with the Board?

The Ohio Revised Code sets forth a number of reasons that demonstrate a dismissed or reduced DUI/OVI charge could still put an Ohio nurse’s license in jeopardy with the Board of Nursing:

• Habitual or excessive use of controlled substances, other habit-forming drugs, or alcohol or other chemical substances to an extent that impairs the Ohio nurse’s ability to provide safe nursing care.
• Impairment of the ability to practice according to acceptable and prevailing standards of safe nursing care in Ohio because of the use of drugs, alcohol, or other chemical substances.
• Impairment of the Ohio nurse’s ability to practice according to acceptable and prevailing standards of safe nursing care because of a physical or mental disability.

Thus, an Ohio DUI/OVI/Drinking and Driving arrest, regardless of a whether the case is eventually reduced or dismissed, can cause the Ohio State Board of Nursing to suspect that a licensed nurse has a problem with alcohol or substance abuse to the extent that it impairs her ability to practice.

Will the State Board of Nursing find out if an Ohio Licensed Nurse is Charged with DUI/OVI or another Criminal Offense?

Ohio Revised Code Section 4723.34 requires the prosecuting DUI lawyer (district attorney) to notify the State Board of Nursing when an Ohio nurse is a defendant in any of the following circumstances:

• A case that results in conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, a misdemeanor, including Ohio DUI/OVI, committed in the course of practice.
• A case that results in conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, any felony, including an Ohio felony DUI/OVI, or of any crime involving gross immorality or moral turpitude.
• A case that involves selling, giving away, or administering drugs or therapeutic devices for other than legal and legitimate therapeutic purposes; or conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for a pretrial diversion or similar program or for intervention in lieu of conviction for, violating any municipal, state, county, or federal drug law.
• A case in which the trial court issued an order of dismissal upon technical or procedural grounds of a charge of a misdemeanor, including misdemeanor DUI, committed in the course of practice, a felony charge, including felony DUI, or a charge of gross immorality or moral turpitude,

In addition, if any employer knows of an employee in violation of the disciplinary code, the employer is required to report it to the Board of Nursing.

Does the Ohio State Board of Nursing Offer any Rehabilitation Programs for Nurses with Alcohol or Drug Problems?

The Ohio Board of Nursing offers a program to its licensees called the Alternative Program for Chemical Dependency. The program details are set forth in Ohio Administrative Code Section 4723-6-03 and necessitates that a participant nurse must:

• Surrender the Ohio nursing license that the licensee holds
• Enter a substance abuse program at an approved treatment center
• Comply with all requirements of the substance abuse treatment plan
• Abstain from the use of alcohol or drugs
• Stop working in any nursing capacity in Ohio if taking prescribed medication
• Submit progress reports to Ohio State Board of Nursing so it can monitor the licensee’s progress
• Comply with random drug and alcohol testing
• Attend regular 12-step meetings and provide proof of the Ohio nurse’s attendance
• Comply with workplace restrictions if permitted to continue working
• Cause therapists to submit progress reports to the Ohio Nursing Board on the licensee’s behalf
• Attend meetings with the Ohio Nursing Board at regular intervals
• Obey all Federal, State and Local laws and regulations

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.