The Ohio Board of Nursing met November 20-22, 2014. The Board voted to approve favorable Consent
Agreements to resolve the charges pending against numerous nursing clients of
Graff & McGovern. The Board also deliberated upon numerous Reports
and Recommendations to resolve charges against nurses whose cases went to
hearing instead of having the charges resolved through a Consent
Agreement. The Board’s Adjudication Orders in those cases illustrated the
fact that the Board is not obligated to follow the Hearing Examiner’s
Recommendations, which explains why the hearing option can often be an
emotional roller coaster ride for nurses who are unable to settle the charges
against them through a Consent Agreement.
At the November 2014 Board
Meeting, the Board also voted to issue a Notice of Opportunity for Hearing to
97 nurses. Those Notices will be mailed to the respective nurses via
certified mail this week. Any nurses receiving a Notice of Opportunity
for Hearing from the Board should strongly consider consulting with
experienced legal counsel to protect their interests and they should be
mindful of the need to submit a written hearing request to the Board no later
than 30 days from the date the Board mailed the Notice. The failure
to comply with the 30-day deadline will leave a nurse with none of the rights
afforded by Ohio Revised Code Chapter 119 and it will enable the Board to
sanction the nurse’s license without obtaining any input and/or agreement from
the nurse.
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