Pre- employment drug testing

Please remember we can't, as per terms of service, offer any medical or legal advice. If you are worried about issues regarding medication discuss them with your PCP or nursing board

I scanned through the Texas Nurse Practice Act and this is what I found as far as drugs/alcohol. There is also another section on reporting impaired nurses and TPAPN, etc.

Sec. 301.452. Grounds for Disciplinary Action.
(a) In this section, “intemperate use” includes practicing nursing or being on duty or on call while under
the influence of alcohol or drugs.
(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order
issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or
vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred
disposition for, a felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed because of conviction for a felony or
for a misdemeanor involving moral turpitude;
(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been
fraudulently purchased, issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the licensing examination required under
Section 301.253 or 301.255;
(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized
practice of nursing;
(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or
privilege to practice nursing in another jurisdiction;
(9) intemperate use of alcohol or drugs that the Board determines endangers or could endanger a
patient;
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(10) unprofessional or dishonorable conduct that, in the board’s opinion, is likely to deceive, defraud,
or injure a patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical health condition that could result in
injury to a patient or the public; or
(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable
nursing practice in a manner that, in the Board’s opinion, exposes a patient or other person
unnecessarily to risk of harm.
(c) The Board may refuse to admit a person to a licensing examination for a ground described under
Subsection (b).
(d) The board by rule shall establish guidelines to ensure that any arrest information, in particular
information on arrests in which criminal action was not proven or charges were not filed or
adjudicated, that is received by the board under this section is used consistently, fairly, and only to
the extent the underlying conduct relates to the practice of nursing.


And then......

Sec. 301.453. Disciplinary Authority of Board; Methods of Discipline.
(a) If the Board determines that a person has committed an act listed in Section 301.452(b), the Board
shall enter an order imposing one or more of the following:
(1) denial of the person’s application for a license, license renewal, or temporary permit;
(2) issuance of a written warning;
(3) administration of a public reprimand;
(4) limitation or restriction of the person’s license, including:
(A) limiting to or excluding from the person’s practice one or more specified activities of
nursing; or
(B) stipulating periodic board review;
(5) suspension of the person’s license for a period not to exceed five years;
(6) revocation of the person’s license; or
(7) assessment of a fine.
(b) In addition to or instead of an action under Subsection (a), the Board, by order, may require the
person to:
(1) submit to care, counseling, or treatment by a health provider designated by the Board as a
condition for the issuance or renewal of a license;
(2) participate in a program of education or counseling prescribed by the Board;
(3) practice for a specified period under the direction of a registered nurse or vocational nurse
designated by the Board; or
(4) perform public service the Board considers appropriate.
(c) The Board may probate any penalty imposed on a nurse and may accept the voluntary surrender of a
license. The Board may not reinstate a surrendered license unless it determines that the person is
competent to resume practice.
(d) If the Board suspends, revokes, or accepts surrender of a license, the Board may impose conditions
for reinstatement that the person must satisfy before the Board may issue an unrestricted license.

Now this is just Texas, other states have their own rules. But if I'm not mistaken, this means what I said a few days ago, as long as it is a legal prescription and it does NOT impaire the nurse, then there is nothing the board can discipline you for. This is my interpretation of these rules... I am not an attorney, and this is not a legal advice forum,,, as we have already said. I am just posting the rules, exactly as stated on http://www.bon.state.tx.us/about/pdfs/npa2007.pdf . I did not read in there anywhere that you cannot take any prescription drugs that your doctor prescribed you.

As far as not letting nurses take pain medication because there is a risk they could divert/steal, that is well,, crazy. Because we all know ANYONE can divert/steal, not just the nurses who have a legal prescription. Why would anyone divert/steal when they've got a prescription? To get more? Then why not get the good stuff?? I have yet to meet a nurse who has a prescription for dilaudid and morphine who has diverted... (better yet, never met a recovering nurse that ONLY diverted vicodin/norco or other pills) . With that kind of pain, the nurse cannot physically work in a patient care environment anyways.

Personally, I would never call my state board and tell them the prescriptions I am taking, that is none of their business as long as I am meeting the minimum standards of nursing care in the state of Texas. And I am an awesome nurse.

Absolutely no offense taken. Everyones experience with IPN and the Nursing Board varies greatly. So far, my experience with them has been positive. However, I have seen other nurses go through real challenges with the Board and then, subsequently, with the IPN process.

I am glad you have a job that you love and that you made it through to the other side. I am in my last week of IPN. I know that 74 applications, 11 interviews and nasty HR managers are probably on the horizon for me as well. I will think of you as I embark on that journey, knowing that positive outcomes are possible.

Continue to make the rest of us look good!

I'm a clinical pharmacist (weekends), a reserve Air Forse officer and an airline pilot by profession. Many have asked me to pee tp prove my innocence. Recently, the hospital where I have worked (part-time) for 25 years "requested" a random durg test for everyone inclusing me. I told the MRO that I would submit a sample if she )an MD) helt the cup in her teeth...sorry to be graphic.....so I assumed i was fired. I have Harrington rods in my back and take an occasional benzo/naco if needed. Bottom line: if you have a script, no problem. You do not have to release any medical info (why you are taking the rx or how often) for employment.........give your prescriber a letter to release that you are on a drug, nothing more.......................oh, and my situation was resolved; the doc who prescribed my drugs had a hissy fit and told the hospital that captain x was on drug Y and thats all you are going to get...................I don't want to work with druggies, but this testing nonesense is really nonesense