Published Mar 21, 2018
Paigeperfect
14 Posts
Recently refused UDS and was reported to DON. At this point the reason doesn't matter but I need to know what options I should choose. Consent to TnPAP or go before the board with attorney. I have heard going before BON isn't the best idea. Any advice or expertise would be greatly appreciated.
StillRN
161 Posts
Personally, I think the reason you refused matters a great deal! If you were diverting at work and they have proof, then your refusal says guilty automatically and it's doubtful an attorney will be able to help you. If you are being accused of being impaired on the job -and it's true, again, an attorney probably won't help much. If you are innocent of what they were accusing you of then there are things you can do, like get your own drug test or hair test to prove it. Then a lawyer might be helpful.. but you may still get some discipline for refusal. It's probably best to consult with an atty familiar with the board and get their advice. They may be able to tell you straight out if it's even worth it to try to go against the BON.
Lisacar130
379 Posts
I know in my state a refusal is an automatic positive, no matter the reason.
sissiesmama, ASN, RN
1,897 Posts
I live in Louisiana- a refusal is an automatic positive too.
I was accused of smoking weed at work. I was in my car on break smoking a cigarette with 2 other employees. The person who reported seeing me had been causing problems for me at work starting rumors about myself and my husband who also worked with me. I was asked to leave the night I was accused. My husband was fired the next day via voicemail so when they called to offer a drug test to keep my job I declined. I felt like we were being targeted. I told them I wasn't interested in continuing employment. They reported this to BON. Trying to figure out what the best way to handle this would be.
SpankedInPittsburgh, DNP, RN
1,847 Posts
In monitoring land an unsubstantiated allegation is enough to buy a ticket in. They don't need proof so if you are thinking that please rid yourself of that fantasy. In your case you refused a pee test & they are going to suspect you & tell you that you had a chance to prove that you weren't using and passed on it. I wish this weren't the case but if you were here you would probably be offered a spot in the nurse monitoring program & be wise to take it
I think you should talk to a lawyer. The way they made it sound was more like a peace offering than a demand -or else report you-. Did they ask your husband to take a test too? Get a hair test done too. It may not save you completely.. but will help show you weren't using and aren't an addict.
No no offer to my husband nor did they report him
I was stupid not to just test and then quit but in the heat of the moment I let my anger for what happened take over. Would like my chance to tell the board why and point out the fact I was the only one reported when two others were fired and also accused. To be it shows I was in fact targeted. I'm just afraid if I don't win with the board the offer for Tnpap will be gone. But my gut says stand up for myself. So don't know what to do. I still have to find the guts and words to tell my current employer
Randomnurse3
169 Posts
How long did it take the board to contact you after being reported?
7 months
They don't care if you were being targeted. Believe me throw all notions of fairness and justice out the window. However, its your right to make your case to the board. Good Luck!!!