Accused of Intoxication-HELP

Nurses Recovery

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Hi all-

i was accused of being intoxicated at work- glassy eyes-I burned my sclera in an artificial tanning bed, first time user. I had taken fioricet the night before for a bad migraine. I submitted a drug test which was negative but for proven legal fioricet. My manager still believes I was intoxicated. I have been on leave for two weeks, occ health finally cleared me with my doctors calling and confirming I take this medication for bad migraines and will not take it st work. Now the safety nurse chief has to meet. Will there be disciplinary action? Will this be reported to the board?

2 minutes ago, Awhite24 said:

Any discipline or write up by your facility? Thank you for all your insight. Just a migraine getter that doesn’t like to call out, unfortunately.

No, no write up. I was given the choice of self-reporting. If I hadn't self-reported, I would have gotten in some kind of trouble. I dropped out of IPN for 10 years, I wasn't working as a nurse. When I came back, there was no employer involvement.

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You had to report to the state ?!!

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You're welcome, good luck. Keep us posted... Nurses search our forum for answers to their questions, so come back an let us know the outcome of your situation.

If by chance you get referred, this is an excellent source of support.

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2 minutes ago, Awhite24 said:

You had to report to the state ?!!

No, to IPN. If a nurse self reports to our state monitoring program in Florida, they avoid BON involvement. If they don't, the BON steps in and makes them get help or strips them of their license.

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Specializes in Oncology, Home Health, Patient Safety.

Allnurses has a nurse/attorney perfect for this question! Please send a message to Lori Brown, she will help you out! Best advice she ever gave me? Don't' talk to the board of nursing without a lawyer: https://allnurses.wufoo.com/forms/m1ll5m861s3wb1j/ or just type her name into the search bar and she will come up.

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Specializes in Critical Care.
On 3/23/2019 at 4:12 PM, Awhite24 said:

Really? Even a drug taken by a doctor for a medical conditon? I am in no such program, just power through migraine days. So yes I’m getting terminated huh. Everyone’s metabolisms are different though and concentration hydration of urine factors in if we are ng/ml talking, they can only tell that the drugs were consumed in a rough amount of recent time. Especially where half life can range from 3-7 days

Fiorcet is a barbiturate and it will stay in your system for a long time, at least a month after you last take it, much longer than simple narcotics.

Only time will tell if you are fired, hopefully, since your drug screen was negative other than your prescribed med and you were not drinking you should be ok. Unfortunately, most people live in right to work states where you can be fired at any time for any or no reason, so I don't know if common sense will prevail.

Do you have any idea why they suspected you of being impaired? Did you feel off or sick?

I wish you the best that things will work out. If you are fired you can still file for unemployment even if they contest it you may still win. It is worth a shot. I believe you also have COBRA for health insurance if needed.

Good luck, Keep us updated.

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On 3/23/2019 at 10:52 PM, Awhite24 said:

Just a migraine getter that doesn’t like to call out, unfortunately.

I suggest you spend a little time reading through the posts on the nurses in recovery section. It’s enough to give a nurse nightmares. Next time just call out!

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Specializes in Surgical, Home Infusions, HVU, PCU, Neuro.

At will states can terminate the employer/ employee relationship for any reason or no reason at all and there is not much you can do about it.

I'm in Texas and my unemployment claim went something like this, ( I was terminated for a positive drug screen on a probable cause test);

1. Filed unemployment

2. Claim sent to employer, employer sent info stating termination was for violation of known and previously acknowledged employment policies.

3. Claim denied

4. Appealed denial- phone hearing set- sent in papers on negative hair follicle completed after termination

5. Hearing- company had to provide me with all info provided to unemployment commission, including drug test results

6. Hearing won because employer did not have proof my test was confirmed using GCMS

After thought- 1.5 years later finally cleared my name with the BON that my original test was in fact negative...

Did you break policy for taking a medication on your time away from work? You have a doctor's note and said it states to not take medication 4 hours prior to shift, get a copy of this and hold on to it. Any correspondence you have I would recommend doing via email so you have proof and not he said she said, if you have a meeting at work you usually have to have a paper trail documenting such that goes in your file, get your copy and keep. Some facilities have a grievance policy you can file after a repremand or termination, this could be an option but think of whether or not you want to remain a part of that environment if you were to win, only you can decide that.

Any and all information, papers, messages, emails, meetings, so on and so forth keep copies of and keep everything together. Write down EVERYTHING you remember about that day, from patients you had, interactions with staff, convos with charge etc. Be objective and factual, if this gets reported you may think you will remember everything but chances are you won't, this could be your lifesaver for memory jogging later. Think long and hard, there is something you did and a way you behaved that is out of character for you, what caused this? Can you prove it? See if you can get a free attorney consult and talk to one familiar with the BON.

please note that this is not meant as legal advice but rather steps and things I did when I had to go through my version of hell. Best wishes to you on this and I hope none of this information is needed in the future.

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Why were you taken on probable cause? Was it an illegal or legal medication that got you caught?

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They have nothing to report to the board of Nursing. You were taking a prescription medication

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On 3/27/2019 at 7:00 AM, Awhite24 said:

Why were you taken on probable cause? Was it an illegal or legal medication that got you caught?

I had just gotten in from a mission trip to the Phillipines. I had red eyes and appeared tired.. well yeah! I took a fioricet on my flight for a migraine from the unsteady sleep. (Occipital neuralgia And chronic daily migrainer) I didn’t want to call in.

I ended up applying for intermittent FMLA. Occupational health all the safety committees and management put me through the loop after a month investigation of weather or not fioricet is safe to take at work which I am not to take at work and I signed this in writing.

I just received migraine surgery. Cheers to hopeful cure and never having to go through this nightmare again and many many many more mission trips for the cleft babies in remote areas of the world. ✌?❤️?

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