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It is very common for nurses sanctioned by the Ohio Board of Nursing, for conduct that raises concerns about whether the nurse has a chemical dependency problem, to be ordered by the Board to submit to a chemical dependency evaluation. What follows are some tips for working through that process.

The language in an Ohio Board of Nursing Adjudication Order or Consent Agreement to require a chemical dependency evaluation typically reads as follows:

NURSE X shall, at her expense, obtain a chemical dependency evaluation by a Board approved chemical dependency professional and shall provide the Board with complete documentation of this evaluation. Prior to the evaluation, NURSE X shall provide the chemical dependency professional with a copy of this Consent Agreement and her assessments,valuations, and any other treatment records. Further,NURSE X shall execute releases to permit the chemical dependency professional to obtain any information deemed appropriate and necessary for the evaluation. The professional shall submit a written opinion to the Board that includes diagnoses, recommendations for treatment and monitoring, any additional restrictions that should be placed on NURSE X’s license to practice, and stating whether NURSE X is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care.

NURSE X shall provide the Board with satisfactory documentation of compliance with all aspects of the treatment plan developed by the chemical dependency professional described above until released. Further, NURSE X agrees that the Board may utilize the professional’s recommendations and conclusions from the evaluation as a basis for additional terms, conditions, and limitations on NURSE X’s license and that the terms, conditions, and limitations may be incorporated in an addendum to this Consent Agreement or in a reinstatement consent agreement.

With respect to this language, the most common questions asked by clients of the nursing license defense attorneys at Graff & McGovern, are what is Board approved chemical dependency professional and where do I find one?

The Board will generally approve of chemical dependency evaluators identified on the Ohio Mental Health and Addiction Services website at: mha.ohio.gov. To locate a provider in your county, click on “Addiction Services Providers by County” and enter your county. You will need to look for a chemical dependency provider rather than a mental health provider. In addition, you will need to locate a provider with the following credentials: LCDC II, LCDC III (Licensed CD Counselor) or LICDC (Licensed Independent CD Counselor), LPCC (Licensed professional clinical counselor), a physician who specializes in addiction medicine, or an advanced practice registered nurse with education and certification in addiction. The provider should be affiliated with an established CD treatment center. For credentialing information, please check onwww.cswmft.ohio.gov or www.ocdp.ohio.gov..

As one can see, there is a fairly broad range of potential providers. Depending upon the credentials they hold, some evaluators fees may be more expensive than others.

Once a potential evaluator has been identified, the name and credentials of the potential evaluator should be sent to the Board (typically to the nurse’s assigned Monitoring Agent) to request approval. The nurse should only submit to the evaluation after receiving written approval of the potential evaluator from the Board. Otherwise, the nurse risks wasting time and money on an evaluation by someone who is not approved by the Board.

Another step the nurse should take before spending time and money on an evaluation is to make sure that the evaluator is comfortable preparing the report that must opine whether the nurse is capable of practicing nursing according to acceptable and prevailing standards of safe nursing care. Although any professional holding the above referenced credentials is authorized to offer that opinion (regardless of whether he or she is a nurse), some mistakenly believe that they are not capable of offering an opinion that makes reference to “…acceptable and prevailing standards of safe nursing care.”

Once completed, the evaluation opinion report should be sent to the nurse; and then the nurse should request that a copy of the evaluation opinion report be sent by the approved evaluator directly to the Ohio Board of Nursing (typically to the nurse’s assigned Monitoring Agent). If the report contains any treatment recommendations, the nurse must honor and complete those treatment recommendation; and then provide proof of completing the treatment recommendation to the Board.