Broken chain of custody

[dnorman]

After working several years at a LARGE hospital with nothing but impeccable job evaluations, I was called for a drug test. I truly have never used any illegal substances. I was told I failed the test! Of course I was in total shock, but quickly went to a stand alone drug testing center. I did this because there's NO WAY anything but dehydration should have showed up. This test was negative. I was fired without being offered PEER (which wouldn't help me. I took nothing and don't have a drug problem). I have continued to pay for my own drug tests as continued proof. All are negative of course. They turned this into the BON.

Now a few months later, SHOCK!!! the company admits to breaking chain of custody in many ways including taking my specimen (and others) home.. not to the lab. No papers were signed. No seals initialed. No gloves worn. Didn't take me to the testing place (If someone is impaired, they can't drive themselves last I checked). I do have an awesome attorney. My question is now that they have admitted breaking protocol, shouldn't BON just be thrown out? Yes my attorney will advise me, but has anyone had anything similar happen to them?

[klone, MSN, RN]

Sorry, we can't offer legal advice per TOS

[Meriwhen, ASN, BSN, MSN, RN]

As you have (in your words) an awesome attorney, you should follow his or her advice, as they are far more knowledgeable about these things than we are. They should be the ones to wrangle with the BON...in fact, don't you dare deal with the BON without your attorney involved. As you are finding out, the BON is not the nurse's friend. Nor do you want to be railroaded into a diversion/recovery program because you're desperate to do anything to save your license.

I had a chain of custody issue once and because of it, the results came back indeterminate. It never got as far as the BON though. I showed proof that I had did my part correctly (i.e., provided the sample under the required conditions, the lab tech signed off on my paperwork as the sample being kosher and assumed custody), the facility scheduled a retest, I passed, and that was the end of it.

Best of luck.

[5sports]

Thank you for your thoughts. I am so NOT guilty that I will give up my license before I admit guilt or go into a recovery program. What am I going to recover from? I'm sure everyone hears it frequently but I have never taken anything not prescribed to me. And I've never been prescribed a controlled substance. I will continue to follow my attorneys advice. I searched all nurses for a long time looking for anyone with a similar problem. Couldn't find anything. I finally joined just to post this question and get thoughts from other nurses.

[Alex Egan, LPN, EMT-B]

The thing to remember about legal procedure is it goes both ways at the same speed. Believe me I know. They won't clear or cancel the charge any quicker then if they were prosecuting it. It will take time. Use your leagal counsel. Don't do Ang stunts that my hurt your case.

[JKL33]

I would be interested in hearing what my attorney had to say about the fact that real damages have been incurred here. And two entities are responsible for that fact (so far).

[3ringnursing, BSN]

I am so sorry for the stress you are going through. That is why strict chain of custody protocol was initiated - to avoid factots causing potentially false test results whether positive or negative. What's the point if a specimen is mishandled, unintentionally or not? It's already scary enough without that unnecessary stress.

This makes me think of a story my PCP (an FNP) told me several years ago:

It is usual customary practice for providers to request random UDS's from time to time from pt's they are Rx'ing a controlled substance for (both to make sure pt's with a controlled substance contract are actually using the Rx meds they are Rx'd, and to ensure they have no other controlled substances in their urine which shouldn't be there). One day the provider requested that a pt of hers with a controlled substance contract provide a urine sample for testing in the office before she could collect her Rx. The pt agreed, however came up positive for oxycodone (not a Rx the pt was receiving). The pt swore up and down she did not violate the contract by taking oxycodone. This pt had never given the provider any reason to suspect abuse, never requested the Rx early, and the Rx drug data base showed no other Rx'ing providers but the PCP.

The provider decided to give the pt the benefit of the doubt, so she ran a control check on herself because she knew she had no controlled substances in her own urine: it too was positive for oxycodone.

This really freaked out the provider knowing this false positive information in the wrong hands could potentially be very damaging.

The FNP threw out all the in office test strips and started sending her pt's to a nationally recognized lab chain for testing for the added security of chain of custody protocol from that moment on. She realized by not using the usual and customary chain of custody protocol procedure was not ensuring the pt was was protected - she finally understood how damaging a false positive test result could be, and why those protocols are designed to try to eliminate contamination of the sample.

The pt was vindicated (even though the false positive certainly created enormous stress, not something a chronic pain pt - or anyone else for that matter - needs).

And your unsealed urine sample went to an employee's home?

I wish you a quick resolution to vindicate you as well as the pt in the story because that isn't fair. I'm glad you hired an attorney because he or she will use this information to protect you. That was also very smart to get a UDS testing from a neutral third party.

[Horseshoe, BSN, RN]

Thank you for your thoughts. I am so NOT guilty that I will give up my license before I admit guilt or go into a recovery program. What am I going to recover from? I'm sure everyone hears it frequently but I have never taken anything not prescribed to me. And I've never been prescribed a controlled substance. I will continue to follow my attorneys advice. I searched all nurses for a long time looking for anyone with a similar problem. Couldn't find anything. I finally joined just to post this question and get thoughts from other nurses.

Why did you create a new screen name? If you are worried about posting under your real name, simply email the administrators and ask them to change it for you.

[Alex Egan, LPN, EMT-B]

I would be interested in hearing what my attorney had to say about the fact that real damages have been incurred here. And two entities are responsible for that fact (so far).

This. Absolutely! It seems to me that there are some serious damages to your reputation and your finances that a breakdown in procedure directly caused

[dnorman]

I couldn't remember mine from the past. Also didn't know it could be changed with an email request. It's comments like yours (totally off the subject) that made me not respond or post a question for years.

Thank you to all the nurses with helpful and thoughtful posts and taking the time to respond.

[JKL33]

WADR, dnorman, I believe the poster was sincerely trying to help you. They simply wondered whether you had changed your screen name out of concern for privacy and let you know how to get help changing it if you would like. (It's a little disappointing that you would automatically assume otherwise).

[Horseshoe, BSN, RN]

WADR, dnorman, I believe the poster was sincerely trying to help you. They simply wondered whether you had changed your screen name out of concern for privacy and let you know how to get help changing it if you would like. (It's a little disappointing that you would automatically assume otherwise).

Yes, I was trying to help the OP. No one here should be using their real name, especially given the reported circumstances. It's not a "safe" thing to do on the internet. It's also against the TOS to have more than one screen name, which can get you banned.

As they say, no good deed goes unpunished.