GUIDE TO THE OHIO BOARD OF NURSING’S COMPLAINT AND INVESTIGATION PROCESS
Ohio Revised Code Section 4723.28(H) requires the Board of Nursing to investigate evidence that appears to show that any person has violated any provision of law or rules regulating the practice of nursing. Any person may report to the Board any information that appears to show a violation of any provision of Chapter 4723 of the Ohio Revised Code or any rule of the Board. In the absence of bad faith, any person who reports such information or who testifies before Board in any disciplinary hearing is not liable for civil damages as a result of his/her report (complaint) or testimony. 4723.28(H), Ohio Revised Code. Further, information received by the Board in the course of its investigation is confidential.
TYPES OF COMPLAINTS THAT CAN BE ADDRESSED BY THE BOARD
The Board is required to investigate violations of Chapter 4723 of the Ohio Revised Code or any rule of the Board. These violations may include: • • • • • • • • • • • Fraud or misrepresentation in obtaining a nursing license or dialysis certificate. Denial, revocation, suspension, or restriction of authority to practice a health care occupation. Conviction or finding of eligibility for intervention in lieu of conviction for a felony. Conviction or finding of eligibility for intervention in lieu of conviction for a misdemeanor committed in the course of practice. Conviction or finding of eligibility for intervention in lieu of conviction for any drug law. Conviction or finding of eligibility for intervention in lieu of conviction for any crime involving gross immorality or moral turpitude. Performing duties beyond the scope of the license. Impairment of the ability to practice because of drug or alcohol abuse, or because of physical or mental illness. Obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice. Failing to practice in accordance with the standards of safe nursing practice or safe dialysis care. Failing to meet continuing education requirements.
TYPES OF COMPLAINTS THAT CANNOT BE ADDRESSED BY THE BOARD
• • • • Complaints regarding a facility (cleanliness, lack of staffing, etc.) – These complaints should be filed with the Ohio Department of Health. Employer/Employee disputes. Complaints regarding a nursing aide – These complaints regarding nursing aides should be filed with the Ohio Department of Health. Complaints regarding a physician – These complaints should be filed with the Ohio Medical Board. The Board of Nursing’s Compliance staff can assist you in determining if the Board can investigate your complaint. If the Board cannot investigate your complaint, it may be referred to another agency or organization.
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HOW TO FILE A COMPLAINT
Complaint forms can be obtained on the Board’s website at http://www.nursing.ohio.gov. If you do not have Internet access, you may contact the Compliance Section at (614) 466-9558 and request that a complaint form be mailed to you. Once you have completed the complaint form, you can mail your complaint form to the Ohio Board of Nursing at 17 S. High Street, Suite 400, Columbus, Ohio, 43215. The Board also accepts completed complaint forms via facsimile (fax) at (614) 995-3686.
CONFIDENTIALITY
The Board’s investigations are confidential by law, and as such, the Board is not able to notify you of the step-by-step progress of the investigation of your complaint.
THE COMPLAINT PROCESS
To maintain confidentiality and to ensure that every complaint brought to the Board’s attention is reviewed, each complaint is assigned a case number. Your complaint is then reviewed by a Compliance Section staff member to determine whether the Board has the legal authority/jurisdiction to act on the complaint. The Board only has the legal authority to investigate cases that indicate that there has been a violation of the law or rules governing the practice of nursing. Although all complaints are evaluated, many complaints do not result in formal disciplinary action being imposed by the Board. After the initial review of the case, if it is determined that the Board does not have jurisdiction, the complaint (case) will be closed. If the Board does have jurisdiction, then the determination will be made as to whether further investigation is needed prior to review by the Board’s Supervising Member for Disciplinary Matters. If no investigation is required, the complaint will be presented to the Board’s Supervising Member for Disciplinary Matters for a disciplinary recommendation. If further investigation is required, then the case will be assigned to a compliance agent. The Board’s compliance agents work throughout the state. Their job is to gather all relevant information, so that the Board Supervising Member can assess the case. Outside experts may also be retained in investigating a complaint. The Board, in the course of an investigation, may obtain records or seek information through interviews with you and/or other individuals relevant to the complaint. In addition, hospitals, pharmacies, and other health care facilities or providers of care, may also be contacted, in accordance with Board policies and depending on the nature of the complaint. The Board has subpoena power and will utilize this power when warranted. Once an investigation is completed, the case is presented to the Board Supervising Member for disciplinary Matters who then makes a disciplinary recommendation. If you choose to keep your name confidential, the Board will honor your request. However, please note that if you withhold your name from the complaint form, it may make it difficult or impossible to conduct a thorough investigation. All information related to Board investigations is required by law to remain confidential. **Please note that some nurses who are reported to the Board for discipline may be placed in a confidential monitoring program, in accordance with provisions found in Chapter 4723 of the Ohio Revised Code.
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