Most professionally licensed fields, including nurses, face loss of licensure if they are charged, or even accused, of an OVI. Nurses charged with or convicted of OVI (Operating a Vehicle Under the Influence) must report the offense to the Ohio Board of Nursing. Second, an OVI charge or conviction can trigger professional discipline, even if the nurse receives probation or enters a diversion program.
Nurses Charged with OVI in Cincinnati
Simply being accused of an OVI can trigger professional discipline, up to and including loss of one’s nursing certification. If you have been charged with an OVI, you need to contact an experienced OVI defense attorney immediately.
The Wieczorek Law Firm, LLC, has over a decade of experience defending those accused of criminal misconduct, including OVIs. The Wieczorek Law Firm, LLC is led by Mark Wieczorek, a former Ohio prosecuting attorney. Mark Wieczorek has defended clients since 2008 and serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Nursing Licensure after OVI
- OVI Laws for Nurses in Ohio
- Substance Use Monitoring Programs for Nurses
- Expedited Disciplinary Hearings for Nurses
- Character Evidence
- Differences Between Criminal Court and Nursing Board Proceedings
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Professional Nursing License Revocation after an OVI
OVI Laws for Nurses in Ohio
Aside from the criminal consequences of an OVI, nurses and other professionals are held to higher standards under Ohio Administrative Code Chapter 4723-16. Any OVI conviction can prompt a Board of Nursing investigation, potentially resulting in suspension or revocation of the nursing license, mandatory treatment, or long-term monitoring programs.
Nurses in Ohio must renew their licenses every two years, a process governed by Ohio Administrative Code 4723-7. Any OVI conviction must be disclosed on the renewal application. A failure to disclose can result in license denial, even if the conviction occurred years earlier. The Ohio Board of Nursing treats such omissions as a breach of professional conduct.
In addition, Nurses are legally required to report OVI arrests, charges, and convictions to the Ohio Board of Nursing, as outlined in Chapter 4723-28 of the Administrative Code. Nurses must report charges promptly, often before the criminal case is resolved. Delaying or failing to report can lead to additional disciplinary actions, separate from the OVI itself.
Similarly, employers in Ohio have a legal obligation to report any known criminal conduct by nurses, including OVI offenses, to the Ohio Board of Nursing. This means that even if a nurse does not self-report, their employer may do so, triggering an investigation. Nurses should be prepared for employer reports and understand that workplace policies often include clauses requiring immediate disclosure of criminal charges.
Substance Use Monitoring Programs for Nurses
Under Chapter 4723-6 of the Ohio Administrative Code, the Ohio Board of Nursing offers an Alternative Program for Chemical Dependency/Substance Use Disorder Monitoring. This program provides a path for nurses to receive help without facing disciplinary action. Nurses charged with OVI may be referred to this program as part of their case resolution. The program requires participants to adhere to strict conditions, such as random drug testing, ongoing treatment, and regular reporting. Compliance with these conditions can demonstrate a nurse’s commitment to professional standards, helping protect their license while addressing underlying issues.
Expedited Disciplinary Hearings for Nurses
The Ohio Board of Nursing can initiate expedited hearings for nurses facing OVI charges if they believe the nurse poses an immediate threat to public safety. Under Chapter 4723-16 of the Administrative Code, such hearings may result in interim license suspension or restrictions while the case is reviewed. Nurses should be prepared for the possibility of swift disciplinary action, which can occur before the conclusion of their criminal case.
Character Evidence
Character evidence can be pivotal in disciplinary hearings before the Ohio Board of Nursing. Letters from supervisors, colleagues, or patients can help demonstrate that a nurse’s conduct was an isolated incident and that they remain a trustworthy professional. Presenting strong character evidence can influence the Board’s decision, helping to mitigate penalties or avoid license suspension.
Differences Between Criminal Court and Nursing Board Proceedings
Nurses should understand that their criminal case and the Ohio Board of Nursing’s disciplinary process are separate. Criminal court determines guilt or innocence under Ohio Revised Code Section 4511.19, while the Board evaluates whether the nurse’s actions breach professional standards under Chapter 4723-28. Disciplinary actions can occur even if the criminal case results in an acquittal or dismissal.
Frequently Asked Questions
- Can a nurse lose their license after an OVI conviction?
Yes, an OVI conviction can trigger disciplinary action by the Ohio Board of Nursing, including license suspension or revocation under Chapter 4723 of the Ohio Administrative Code. - Does the Board of Nursing find out about OVI charges automatically?
In most cases, nurses are required to self-report criminal charges or convictions, including OVI, to the Ohio Board of Nursing. Failure to report can result in additional penalties. - Can a nurse continue working while facing OVI charges?
While a nurse can often continue working while their case is pending, the Board may impose temporary restrictions if it believes public safety is at risk. - What happens if a nurse refuses a chemical test?
Refusing a chemical test results in an automatic license suspension under Ohio’s implied consent law and may result in harsher penalties from the Board of Nursing. - How does the Board of Nursing handle multiple OVI offenses?
Multiple offenses are treated more severely and may result in license suspension, mandatory treatment, or permanent revocation, depending on the circumstances. - Can an OVI conviction be expunged from a nurse’s record?
No, OVI convictions in Ohio cannot be expunged, as they are considered traffic offenses, which are not eligible for record sealing under Ohio law. - Do nurses face harsher penalties for OVI than other individuals?
While the criminal penalties for nurses are the same as for others, professional penalties from the Ohio Board of Nursing often make the consequences more severe. - Can a nurse be disciplined for an OVI arrest even without a conviction?
Yes, the Ohio Board of Nursing can investigate and take action based on conduct or behavior that reflects poorly on the profession, even without a criminal conviction.
Additional Resources
- Ohio Board of Nursing Laws And Rules – This source offers access to the Ohio Board of Nursing’s laws and rules governing nursing practice in Ohio. It includes chapters on licensure, professional conduct, and disciplinary procedures. Readers can review requirements for license renewal, mandatory reporting of criminal charges, and standards for professional behavior that affect Ohio nurses.
- Ohio Board of Nursing Hearings | Ohio Administrative Code Chapter 4723-16 – This source contains the procedural rules for disciplinary hearings conducted by the Ohio Board of Nursing. It outlines processes for hearings, filing motions, handling evidence, and issuing subpoenas. It also provides details about the rights and responsibilities of respondents during hearings and the role of the Board in issuing sanctions or disciplinary actions.
Hire an Attorney for Professional Nursing License Revocation after an OVI
The Wieczorek Law Firm, LLC, has over a decade of experience defending those accused of criminal misconduct, including OVIs. The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.