The short answer is “yes.” There are eleven offenses that are automatic bars to obtaining a nursing license according to the Ohio Nursing Board’s Criminal History Fact Sheet. This means that the Ohio Board of Nursing is not permitted to issue a license to a person who has pled guilty or no contest to, or been convicted of, one of the following offenses:

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

Moreover, the Ohio Nursing Board may deny an application or place restrictions on a license granted for a conviction of, guilty plea to, no contest plea or finding of eligibility for intervention in lieu of conviction for the following:

• Any felony (that does not qualify as an absolute bar);
• A crime involving gross immorality or moral turpitude;
• A misdemeanor drug law violation; or
• A misdemeanor in the course of practice

Therefore, a DUI / OVI conviction or guilty plea will not bar a nurse from obtaining licensure. In regard to the offenses listed immediately above, the Ohio Nursing Board has not provided a definitive answer about the effect a criminal history will have on the ability of an applicant to obtain a nursing license. However, as urine and blood tests become more ubiquitous, the Ohio Nursing Board may decide that they have the authority to regulate DUI / OVI offenses.

Pursuant to Ohio Administrative Code 3701-13, while the Ohio Nursing Board may grant a nursing license to an applicant who has a criminal history, the individual may be restricted from working in certain settings based on their criminal history. This includes absolute or discretionary bars to employment in certain settings involving care for elderly patients or children.

The authority of the Ohio Nursing Board to deny an application for a nursing license is only exercised at the time of the application. Thus, a prospective nursing license applicant is incentivized to challenge any DUI / OVI offense. If an applicant has a criminal history, the Ohio Nursing Board will conduct an investigation and consider a number of factors, including the following:

• Whether the applicant has completed probation and/or has been rehabilitated;
• How old the offense is;
• The facts and circumstances related to the offense; and
• The total number of offenses.

If you are a current or prospective nursing student and are charged with DUI / OVI in Ohio, it is imperative that you contact an experienced Ohio DUI / OVI attorney.

DUI / OVI Attorney – Columbus and Delaware, Ohio

If you have been charged with DUI / OVI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced DUI / OVI attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI / OVI case.

Johnson Legal, LLC serves the following cities in the central Ohio area for DUI / OVI Defense:

Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Union County and Delaware County