The bill amends sections 4723.091, 4723.092, and 4723.28 of the Revised Code to enhance the regulations governing the Board of Nursing and the process for criminal records checks. It mandates that individuals applying for licensure or reactivation must submit a request for a criminal records check to the bureau of criminal identification and investigation. The results of these checks, along with information from the federal bureau of investigation, are designated as non-public records, only to be disclosed to the individual and the Board of Nursing for specific licensure and disciplinary purposes. Additionally, the bill clarifies that the Board cannot deny a license solely based on a criminal conviction unless it aligns with specific provisions in the Revised Code.
Furthermore, the bill outlines the procedures for consent agreements, hearings, and investigations for nursing professionals, establishing that a consent agreement ratified by a quorum of the board serves as the board's findings and order. It allows the board to act on criminal adjudications even if a criminal action is dismissed and states that sealing or expungement of records does not impact the board's authority. The bill also emphasizes confidentiality during investigations, stipulating that information is not subject to civil discovery, and it details conditions for reinstatement following disciplinary actions. It includes provisions for mental or physical examinations during investigations and clarifies that unilateral surrender of a nursing license requires board approval. The bill is declared an emergency measure for immediate enactment to protect the confidentiality of criminal records checks related to nursing.
Statutes affected: As Introduced: 4723.091, 4723.092, 4723.28