A legal question.

Editorial Team / Admin · Jan 14, 2006

At one of the places where I work, some narcotics turned up missing around Christmas time. The police have been conducting interviews with all of us nurses in an effort to determine where they went. At the end of my interview, he asked if I'd be willing to take a polygraph. I have no problem with this however if I'm nervous during it & it alters the results where might this leave me with the board of nursing? I practice in New Hamphire.
Any advice would be cheerfully accepted.

Hello, SugarMagnolia,

Excellent question.:) In general, the individual who undergoes a polygraph is very nervous. To not be would be abnormal.

The examiner will take into consideration "nerves". Being nervous will be evident throughout the entire process, but, will usually not affect scores. Now, if the individual is extremely nervous, such as moving around and hesitating to answer, the examiner would not be able to properly analyze the final score and the process would need to be repeated.

austin heart, BSN, RN · Jan 14, 2006

Why are they doing polygraphs? Are they not doing urine drug screens?

SugarMagnolia · Jan 15, 2006

The only reason that I can think of them not doing drug screenings is because these pills went missing Christmas time & if someone took them I would think they would have left their systems by now. I'd be willing to do a drug screening anytime. This whole thing is most awkward. In my 22 years in healthcare I have never been involved in such a thing. My utmost concern is protecting my license. I've worked too hard to get to where I am for something so assinine.

I'm going to contact the board of nursing to get some advice from them on Tuesday.

lindarn · Jan 16, 2006

I would talk, to and retain an Employment Attorney. Even if you did nothing wrong, and would agree to a urine test and/or a polygraph, the results can be misinterpreted, if that is what they want. An Employment Attorney in your corner will be an advocate, and make everyone less willing to screw with the results that could incriminate you. I don't trust anybody. JMHO.

Lindarn, RN, BSN, CCRN

Spokane, Washington

Graciegirlienurse · Jan 16, 2006

I would also contact your union rep, I am sure they have dealt with this situation before and are familiar with the legal details. It would be prudent to have an advocate for the nurses who are under scrutiny...they cant just polygraph every nurse on the unit?!?

Mule · Jan 16, 2006

Gotta chime in with Gracie. Contact your union folks- also contact someone at your licensing board about the legality of polygraphs- to the best of my knowledge, they're not admissable in court- which casts unfavorable light on them in many other areas because of that. I am not familiar with the laws in your state, but I could get in a heap-o-trouble for using that particular threat.

SugarMagnolia · Jan 16, 2006

First, I thank you all for your input. All is welcome. I work at a non-union place so that's out. I think contacting a lawyer will be wise & I'll also be contacting the board of nursing. Pam

JEMRNJD · Jan 16, 2006

It is never a good idea to submit to a polygraph unless you know the credentials of the person doing the polygraph and the exact use anticipated by the person requesting the polygraph.

Many judges, arbitrators, and hearings officers do not allow polygraphs as evidence.

The polygraph might help you if it is negative but if for any reason you have a false positive, that might hurt you.

I personally would not go through with it!

zoinks22 · Jan 16, 2006

hi there, I am an RN who used to be a cop..When I was a cop, we used to say that if we were ever faced with a polygraph, all of us would refuse it...three reasons:

1. If they had credible evidence that you did it, they would not need the polygraph

2. They are completely inaccurate..Even in the hands of a skilled user, it is subject to your body rhythms (electrical currents) and those are quite unpredictable and are influenced by so many variables.

3. It will not "prove" your innocence even if you "pass" the polygraph - because the assumption is often (not always, mind you) made that you "beat" the polygraph - cops are a very cynical bunch

It must be clear that there may be a wink/nod between all that you refused it - ergo, you did it. That is the downside. You have to make it clear to them that you refuse it because you have found that it can only harm you and cannot help you

Good luck

SugarMagnolia · Jan 19, 2006

Your replies have been most helpful & very appreciated. Thus far I have not heard from the cop about the polygraph. Maybe he just posed the question to see what my reaction would be. I understand that they are quite costly tests. I have an appointment with an employment attorney on Monday so hopefully this can shed some light on my rights.

GLORIAmunchkin72 · Feb 5, 2006

We had a similar incidence at my place of work not too long ago. Some narcs came up missing. I heard about it when I returned to work after almost one week off. A group of people had to take a drug test and I never found out what happened after that. My question is, a drug test would only show whether you swallowed them or not. Someone could have taken the pills and sold them. Or they could have a sick relative that needed the medicine. Who knows...

Your replies have been most helpful & very appreciated. Thus far I have not heard from the cop about the polygraph. Maybe he just posed the question to see what my reaction would be. I understand that they are quite costly tests. I have an appointment with an employment attorney on Monday so hopefully this can shed some light on my rights.