A change to Ohio law now makes failure to cooperate with a Board of Nursing (“Nursing Board” or “Board”) investigation an explicit and independent ground for the Nursing Board to take disciplinary action. This change, enacted through House Bill 96,[1] in the fall of 2025 appears in Ohio Revised Code (“R.C.”) 4723.28.
The Nursing Board oversees all individuals licensed under R.C. Chapter 4723, including Registered Nurses, Licensed Practical Nurses, Advanced Practice Registered Nurses and dialysis technicians.[2] These professionals are now expressly required to cooperate with investigative inquiries from the Board, including complying with subpoenas and truthfully answering investigative questions.[3] Notably, however, the new law specifies that “…a failure to cooperate with an investigation does not constitute grounds for discipline if a court of competent jurisdiction has issued an order that either quashes a subpoena or permits the individual to withhold testimony or evidence at issue.”[4]
For many years prior to this change, R.C.4723.28 listed numerous grounds for disciplinary action, ranging from criminal convictions to substance-related impairment, but it did not contain a standalone provision requiring cooperation with a Board investigation.[5] Because the statute lacked an explicit cooperation mandate, the Board had no enforcement tool to compel participation in investigations, and counsel frequently advised licensees to respectfully decline inquiries where appropriate.
Even with this change in the law, which now requires nurses to cooperate in Board investigations, in circumstances involving potential criminal conduct or allegations of criminal conduct, licensees retain their Fifth Amendment right to decline to answer any questions during an investigative meeting which could incriminate them. The new statutory requirement does not eliminate constitutional protections, but it does make non-cooperation a disciplinary offense.
The practical effect of this change is significant. Licensees must now cooperate and respond truthfully and promptly to investigative inquiries and comply with Board subpoenas. Failure to do so, even absent proof of underlying misconduct, can trigger discipline. The Board retains authority under R.C. 4723.28(B) to suspend, revoke, reprimand or restrict a license, or impose monetary fines of up to $500 per violation.
In addition, employers should ensure their compliance policies clearly communicate that cooperation with Board inquiries is mandatory. While nurses are required to cooperate in investigations, they are entitled to retain counsel to assist through the process. Licensees should seek experienced counsel early to avoid inadvertently exposing themselves to disciplinary action under the new standard.
If you have questions regarding this new regulation, contact your Dinsmore health care attorney.
[1] Ohio H.B. 96, 136th Gen. Assemb. (2025).
[2] R.C. 4723.
[3] R.C. 4723.28(B)(39).
[4] Id.
[5] R.C. 4723.29(B)(1)-(B)(38).