DUI & Nursing

Can I Still Be A Nurse If I Get A DUI In Ohio?

July 31st, 2012

nurse dui

Nurses and DUI in Ohio

Yes, you can be a nurse if you have a DUI in Ohio.  According to the Ohio Nursing Board’s Criminal History Fact Sheet, there are eleven offenses that are automatic bars to obtaining a nursing license for applicants who entered a prelicensure nursing education program after June 1, 2003. This means that the Board of Nursing (Board) is prohibited from issuing a license to a person who has pled guilty to, been convicted of, or has a judicial finding of guilt for one of the offenses listed below.

  • Aggravated Murder
  • Murder
  • Voluntary Manslaughter
  • Felonious Assault
  • Kidnapping
  • Rape
  • Aggravated Robbery
  • Aggravated Burglary
  • Sexual Battery
  • Gross Sexual Imposition
  • Aggravated Arson
  • or a substantially similar law of another state.

In addition, the Board may propose to deny an application, or place restrictions on a license granted, for a 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 intervention in lieu of conviction for the following:

  1. any felony (that is not an absolute bar);
  2. a crime involving gross immorality or moral turpitude;
  3. a misdemeanor drug law violation; or
  4. a misdemeanor in the course of practice.

Thus, a DUI will not bar a nurse.  In regard to these four types of offenses, the Board is unable to advise or give a definitive answer about the effect a criminal history will have on the ability to obtain a nursing license in the State of Ohio.  I am unaware of a conviction for impaired driving based on drug impairment (DUID) being the basis for a denial of a claim.  As  urine and blood tests become more prevalent, it is hard to imagine that the nursing board would not consider this to be withing its authority to regulate.  It is vital that you get an experienced DUI attorney who can fight your charge or negotiate a favorable plea which will not reflect drug impairment.

According to the Ohio Administrative Code, although the Board may grant a license to an applicant who has a criminal offense history, an individual may be restricted from working in certain settings based on his or her criminal history due to federal and state laws, which require criminal records checks prior to employment in certain settings, and which may impose absolute or discretionary bars to employment in certain patient care settings, for example, in facilities or settings involving care provided to older adults or children. See, e.g., Ohio Administrative Code Chapter 3701-13.

The authority of the Board is only exercised at the time of application, so the incentive lies with the nursing student to fight their DUI charge.  If an applicant has a criminal history, the Board conducts a thorough investigation and considers a number of factors, including but not limited to: whether the applicant has made restitution, completed probation and/or otherwise been rehabilitated; the age of the offense; the facts and circumstances underlying the offense; and the total number and pattern of offenses.  Similarly, the Board cannot answer questions regarding one’s eligibility to attend nursing school or participate in clinical instruction. Nursing programs vary in regard to enrollment criteria, so it is recommended that you contact the nursing program to determine whether you are eligible to enroll.  You can check out the Ohio Nursing Board Criminal Fact Sheet by following this link.  You can continue your research by visiting the Ohio Board of Nursing Discipline page.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Fairborn, SpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at:CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI”

 

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DUI Science: Are Gastric Bypass Patients More Susceptible to a DUI?

July 24th, 2012

English: Courtesy of Ethicon Endosurgery, Inc....

According to the results of a new study in the February issue of the Journal of the American College of Surgeons, the dramatic changes that occur as a result of gastric bypass surgery can cause some people to overindulge when using alcohol thereby increasing their risk for a DUI. As cited at by Science Daily (linked HERE):

Studies have shown that gastric bypass patients often find it difficult adjusting to physical and psychological changes after the procedure. An increased risk of depression, alcoholism, and other substance abuse issues for this patient population led researchers to take a more in-depth look at how these patients metabolize alcohol after the procedure.  The results of this unique demonstration of alcohol metabolism changes in gastric bypass patients showed that patients who underwent a Roux-en-Y gastric bypass (RYGB) operation had considerably higher breath alcohol content (BAC) and took significantly more time to return to a sober state after drinking, compared with BAC levels tested prior to having their procedure.

The studies demonstrated that peak BAC after drinking five ounces of alcohol were greatly increased after the operation. “BAC was 0.024 percent at pre-operation and 0.059 percent (p = 0.0003) at three months. Tested again at six months post-operation, the patients’ BAC was 0.088 percent (p = 0.0008) which is more than the legal driving limit of .08 percent.” Id. Obviously, if a person who has had gastric bypass (also called bariatric surgery) decides to drink they should take their body changes into account prior to finding themselves in a position where they drive an automobile.

Understanding the science implicated by bariatric surgery in a DUI case would make for a challenging and interesting case involving forensic toxicology, retrograde extrapolation and other potential scientific defenses.  Charles M. Rowland II is Ohio’s only Forensic Sobriety Assessment certified attorney and has experience trying cases involving forensic issues.  Ohio DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

A Complete Guide to Transferring Your Nursing License to Another State

September 14th, 2011

This article is from guest blogger Melissa Trenway who blogs at Nursetini.

The nursing pin from the Division of Nursing a...

Those with a nursing license who wish to move to another state have options available to them. While states differ on what is required of nurses, those who have graduated from an accredited nursing program can find that transferring a license is not as difficult as getting one. For those interested in pursuing a nursing degree or furthering your nursing career, there are many schools across the country that provide accredited education for nurses, such as the Commission on Collegiate Nursing Education. They approve baccalaureate, graduate, and residency programs in nursing. Another national nursing education accrediting agency is the National League for Nursing Accreditation Commission. You can use their search engine to search by area, institution name, and even program type. One reason national accreditation, rather than regional or state accreditation, is so important is that issues when transferring your nursing license can arise. For example, if the school you graduated from is recognized and accredited in your old state but not the new, chances are your nursing license may not transfer. This can be avoided by getting a nursing degree from a nationally accredited program.

Another important part of becoming a nurse is the National Council Licensure Examination for Registered Nurses, or NCLEX. It is often used as the standard for many states and demonstrates your competence to future employers. For 2011, candidates for the NCLEX test must pay $200 to take the exam in addition to any other licensure fees required by their state. International candidates need to obtain a certification from the Graduates of Foreign Nursing Schools and demonstrate a proficiency in English.

Once an education and examination has been passed, it is important to know what the requirements are of the state you wish to transfer your license to. The National Council of State Boards of Nursing is the most comprehensive site with the most up to date information on state requirements for new and transferring nurses. You can get information on your current and future state board, help with the NCLEX, and contact information. Many states have an initial state licensing fee which can range from about $80.00 to $300.00. There can also be license renewal requirements every year or two which can cost around $100. Some states even have continuing education requirements that have nurses completing an approved curriculum on a regular basis. These fees and rules also apply to transferring nurses, as well as recent graduates.

If you have already graduated from an approved nursing program and have passed the NCLEX, check out the site of the state you wish to transfer your license to. They can contain further details for transfer candidates, as well as more advanced guides for their specific requirements. The process usually involves applying for a state license, paying fees, transferring relevant records, identification, and in some cases, even a background check. For example, those wishing to transfer to California as an RN must get what is called “licensure by endorsement.” To qualify, candidates must hold a current and active license in another state or Canada, have completed an educational program meeting all California requirements, and have passed National Council Licensure Examination or the State Board Test Pool Examination.

It is essential to know all the requirements for the state you wish to transfer your license to in order to keep costs down, shorten wait time, and ensure that you get approved for your move. To get a list of contact information, including phone number and name of contact, for the nursing boards in all 50 states and even a few U.S. territories, click here. For convenience, many state boards allow you to do items online, such as fill out applications and send in payments, making the process of applying for an transferring a nurse’s license even easier. Another feature of applying online is the ability to better track your application process so that any snags or problems can be addressed quickly and without incurring penalties.

OVI and Nursing

July 22nd, 2010
Poster showing a nurse, with her arms outstret...

Image via Wikipedia

This is an excellent article that appears on Nursing Law & Order, a blog from RN-JD LaTonia Denise Wright.  Her web site is www.Nursing-Jurisprudence.comNURSES BE WARNED!

“Its just a DUI.” Its nursing license renewal time in Ohio, Kentucky, and Indiana and this blog is popping up in searches related to DUI and nurses and criminal convictions and license renewal for Ohio, Kentucky, and Indiana.

Don’t be offended but I have to keep it real on this blog; nurse license renewal time is like Christmas time without the snow at my law firm. This isn’t legal advice but consider it an early Christmas present.

Each State Nursing Board looks at “just a DUI” differently because each State Nursing Board is different. There isn’t an “Across the State Nursing Board” rule for OVI, DUI, and DWI convictions.

For example, I practice law in Ohio, Kentucky, and Indiana and each State Nursing Board in the states where I practice look at DUIs,OVIs, and DWIs differently based on the State Nurse Practice Act, Board of Nursing regulations, and Nursing Board investigation and discipline policies.

Some Boards don’t have the authority under the Nurse Practice Act to propose discipline on “just a DUI” while other State Nursing Boards have the authority to propose discipline on “just a DUI.”

How do you know how your State Nursing Board looks at DUIs? You can contact:

1. Your State Nursing Board;

2. Your State Nurses Association; or

3. An administrative law, nursing law attorney, or nurse license defense attorney in your state.

If you call my office and want to schedule a consultation to discuss a DUI, I need to see the court documents, traffic ticket, and other records because sometimes “its just a DUI.”

Sometimes its more than “just a DUI” and its a litany of charges and convictions with the DUI like possession of marijuana, possession of drug paraphernalia, resisting arrest, disorderly conduct, possession of crack cocaine, child endangerment, etc.

I actually have nurses schedule and pay for meetings (phone or in-person) with me related to DUI charges and convictions and their nursing license in Ohio, Kentucky, and/or Indiana and don’t provide me with any of the requested documents to review and evaluate their situation. Okay?

Some attorneys may be willing to say “Oh its just a DUI (without reviewing docs), and it means this for your license….” but not the kid.

C-O-U-R-T   D-O-C-U-M-E-N-T-S and

C-O-N-S-U-L-T-A-T-I-O-N

In other cases it is a felony DUI charge because of past DUIs.

In other cases it is one of two or three pending DUI charges and alcohol related offenses in a more than one county or state.

In other cases it is a pending DUI and other issues and circumstances involving a nurse’s practice that make it more than “just a DUI.”

In other cases it is “just a DUI” but the nurse is participating in a State Nursing Board Alternative to Discipline program for Chemical Dependency. Is it “just a DUI” in this situation?

In other cases it is “just a DUI” for a nurse in recovery who signed a Return to Work agreement or Last Chance Agreement with a healthcare employer. Is it “just a DUI” in this situation?

In other cases it is “just a DUI” and the nurse is on probation with the State Nursing Board?

In other cases it is “just a DUI” and the nurse is on criminal probation for something else and the judge requires a self-report to the State Nursing Board?

Then sometimes just sometimes “it is just a DUI.” Do you get my point?

http://advocatefornurses.typepad.com/my2cents/2009/07/its-just-a-dui-ovi-or-dwi-and-its-no-big-deal.html

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Forced Blood Draws in Ohio DUI Cases

September 29th, 2008
Blood draw for genetic studies

Forced Blood Draws

A law that will go into effect Tuesday, Sept. 30, states drivers with prior DUI offenses who are suspected of driving while drunk must take a breath-alcohol test.  If drivers refuse, authorities can take them to get a mandatory blood or urine test.  The law intends to help prosecutors in cases of repeat offenders and deter drunken driving. Repeat offenders used to be able to refuse a breath-alcohol test.  www.DaytonDailyNews.com

If you find yourself facing a DUI/OVI charge in the Miami Valley, contact Charles M. Rowland II at 937-318-1DUI or 1-888-ROWLAND.

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