Tested positive for dilaudid

Nurses Recovery

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Was recently tested for "erratic behavior" (eventhough they couldn't say what was erratic about my behavior) and got a call and to my dismay I tested positive for Dilaudid. How this happened I do not know. I hear certain things can cause false positives. Especially things like diet pills etc...(took some of my wife's phentermine...maybe that caused it.) Is this true?

What will happen next? I didn't take any dilaudid and Im especially not addicted to anything in any form or fashion. What do I do?

Do I request retests? Do I even have a leg to stand on? Or am I condemmed to TPAPN?

Please help.

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First things first, get a Lawyer! I forget the link to the Nurse Attorneys website, but I'm sure someone will post it. Trust me it IS necessary!! It may be expensive, but totally completely worth it...

Secondly, if you are clean, another test would be in order, and you could get a hair follicle done, though you'd probably have to pay for it out of pocket.

Side note: Dont take this the wrong way,I could be wrong, but isn't Phetermine related to amphetamines and could cause "erratic" behaviour?

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I think the site you are looking for is: The American Association of Nurse Attorneys (TAANA).

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Ok...I will definately hire an attourney. And Ill definately request a repeat uds though I dont know about a hair follicale test...money is kinda tight...Will the board perform a hair follicle test?

I was called and asked if I was on any medications or had a reason why I would show positive for dilaudid. I said I have no reason why that would have shone. The only medication I take is adderal for which I have a prescription and my job knows about it.

For now I am suspended from work until HR calls me. I guess they will try to make me sign something saying I was diverting meds. Then I guess I will have to answer to the board so they can determine if I am an addict.

What does this board interview consist of?

tHANKS

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Specializes in Impaired Nurse Advocate, CRNA, ER,.

I agree with purple_peonies...retain an attorney who practices administrative law and has experience facing the board of nursing in your state. Do not speak with ANYONE! Tell them to contact your attorney if they have questions...this means employer, colleagues, friends, board investigators, or any law enforcement agencies. Ask any nurse if they wish they would have hired an attorney BEFORE talking with the board or investigators and most will tell you YES! The board is there to protect the public, they do not advocate for you or any nurse being investigated. It is an adversarial system, you against them. You have the right to remain silent. Anything you say (or write, or sign) can and WILL be used against you. You have the right to an attorney to be with you anytime you are being questioned. They DO NOT have to tell you this because it's not criminal law...yet. The board WILL forward any and all information to law enforcement agencies should they determine there may have been illegal activities involved. While hearsay evidence cannot be introduced during criminal trials, it CAN be introduced during the board's investigation. This is why you don't talk to anyone without your attorney present. This is serious business!

As for the hair test, the board will not pay for any testing that is done (blood, urine, or hair). That will come out of your pocket. A 1.5 inch sample of hair provides information for 90 days.

If you are innocent (and I'm not saying you are or you aren't) why would you agree to sign anything or enter any kind of program? You worked hard to get your license. Your ability to practice and get a job anywhere at any time is on the line. Ask the folks who are in a monitoring program if things are fun and running smooth. It can make it difficult to find a job, get a license in another state, go back to school, etc. So, if you have to borrow money in order to pay for your attorney, borrow it. Trying to represent yourself throughout all of this is like trying to treat your own brain tumor...not a wise move.

The American Association of Nurse Attorneys referral hotline: 866-807-7133

Jack

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Specializes in Impaired Nurse Advocate, CRNA, ER,.
What does this board interview consist of?

It depends on the state you're in and the nurse practice act. It's spelled out in the boards by-laws.

It can get pretty ugly if they think you're lying. If you retain an attorney they will be with you and protect you if things get intense. Read the book "Impaired: A Nurse's Story of Addiction and Recovery" by Patricia Holloran . She gives a good description of testifying before the board.

Again, you have the right to remain silent. You have the right to stop answering questions at anytime. You have the right to an attorney anytime you are questioned or interviewed. If there is a questionnaire to answer, have your attorney review it before it goes to the board. If they ask you to write a narrative, again, run it by your attorney before sending it to the board. Do what your attorney tells you to do.

I hate to make this stuff sound so dire, but too many nurses cooperate and end up getting in trouble whether they "did it" or not. When I did anesthesia I prepared for the worst and hoped for the best. I recommend approaching this in the same fashion.

Keep us posted!

Jack

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Specializes in Critical Care & ENT.

Based on what you've said, they only said that you tested positive for dilaudid. (I would find out more information on how a test could test positive for a medication that your not currently taking. Contact the drug company and see if they have any information to share). They didnt say you were diverting correct?

If they are concerned that you were diverting medications, they would have to prove it. If you work at a facility that has an automated dispensing machine, they can run reports. They can see what patients you've pulled medications on, what medications you've pulled, pull waste records etc..etc. Seek legal advice if you feel its necessary. I wrote the diversion policy for my hospital last year!

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I Have always been pretty liberal with giving controlds. I always try to waste quickly but have on numerous occasions that took a while to waste. There have also been times where i gave a narc 4 or so times when other nurses gave it maybe once or twice. I am pretty sure they will pull my admin record and waste record but what does that proove? Other than just looking suspicious all i really did was give out more than the average. My thoughts were simply that pain free patients dont complain .

I will get an attorney . When i get called in they will probably present all this ?evidence? and I will deny all accusations and request another test.

Besides, what is all of this ?evidence? without a witness and without me signing something agree ing to the allegations.

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Specializes in ICU, psych, corrections.

I would also be interested to know why you didn't test positive for a medication you ARE taking (i.e. the Adderall). You should have tested positive for this. I work in an area of nursing where we routinely test our clients and the ones who are on medications such as Adderall, Ritalin, etc. do test positive for those substances. That aside, I would take Jack's advice and look for an attorney. Your license is too precious to try and handle this alone. I know if I tested positive, I would be on the phone immediately with an attorney specializing in this kind of case. Not because I'm guilty; quite the contrary. I've worked too damn hard at this to have it all gone over a mistake in testing. Because that's what it would be at this point: a mistake. I know I'm clean and sober. I don't need to prove it; I would let the attorney handle that part of it. Good luck! :)

Edited to add: The book suggested by Jack is a great one. You can pick it up on Amazon pretty cheap. My facilitator for my nurse support group borrowed mine and passed it around to her newbies in recovery and it was a big relief for them to read it and realize they were not alone. Reading it was like reading my own thoughts and emotions at times, especially when it came to dealing with the recovery portion.

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Specializes in Critical Care & ENT.

Seems like they are taking more time to investigate the situation. They could have mixed your results up with someone else...could be a cross sensistivity with what you are taking...who knows? However, I would try to elicit more information. When they look at your records from the dispensing machine, they will look for ANY trends. Good luck!

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Specializes in Impaired Nurse Advocate, CRNA, ER,.

It's likely the hospital performed a dip stick test as a screen. If that is so, the positive result could be a "false positive". Do you know if they performed a GC/MS (gas chromatography/mass spectrometry)? If they did you will have a tougher time refuting the results. That doesn't mean it's impossible. Read the tutorial at the link provided regarding GC/MS. This is another reason to have an attorney. They can subpoena all documents and test results.

Did the folks involved in all of this follow chain of custody protocols? If there was a break in the chain of custody process and protocols your attorney will have more ammo in your defense.

TIP 5: Appendix C - Urine toxicology Guidelines

This explains SAMHSAs guidelines for forensic testing for toxicology

Jack

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Specializes in icu,ccu,sicu,crna.

Really curious, how can you test positive for dilaudid when you aren't using it? Do you think it was a mix up? I would offer a hair test. It will show three months history and prove your innocense. lifeistweet

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