Can I lose my license over this?

Flatline, BSN, RN · Feb 9, 2017

Varies state by state. Maybe not the best advice, but he is practicing without any repercussions. Just putting it out there..I also worked with two other female employees that were diverting and zelch happened..I guess if you lucky you just are.Depends on the employer. Nobody has the right answer to this dilemma.

So what state do you believe you can get away without submitting to a drug test?

Yes there is absolutely a right answer. Obey the law, obey the rules set forth by the BON, obey the rules set forth by the employer, be honest and ethical.

Not getting caught is not the same thing as not doing anything wrong.

Trying to dodge drug tests is ALWAYS the wrong answer. Illegal at worst, unethical at best.

Ruby Vee, BSN · Feb 9, 2017

You may be required to do some sort of drug program, depending upon your state. Just shut up and go through the program and you may emerge with your license. Fight it, and probably not.

allnurses Guide · Feb 10, 2017

Yeah, where I have worked refusal to submit to testing is grounds for immediate dismissal and a black mark with Group One, which basically means you will never work as an RN again in this area. It also can result in report to the BON and expensive legal fees with potential loss of license.

Workitinurfava, BSN, RN · Feb 10, 2017

What are the chances?, hmm. It is hard to say what will happen but it sounds like you already know what the end result could be. Working with weed in your system is no bueno.

Wolf at the Door, BSN · Feb 10, 2017

All three of those nurses I worked with quit or fired after refusal of the test. We looked them up on nursys and no infractions. I am just saying you never know how it plays out.

foggnm · Feb 10, 2017

No you can't lose your license over that. You might get in a little trouble at work if there's marijuana in your system. But it is not something that would be a license issue, like diverting narcotics.

Kooky Korky, BSN, RN · Feb 10, 2017

Offhand, I would think you could be sanctioned and sent to drug rehab by your BON. But I don't know for sure. From what I have heard, you will probably be fired but not lose your license, just, like I said, sanctioned in some way and sent to drug rehab by your BON.

I wish you well.

Meriwhen, ASN, BSN, MSN, RN · Feb 10, 2017

As a result of the med/narc error, I was pulled from that case and called into my agency. They took my statement ( which I honestly admitted my carelessness and oversight and not knowing all the procedures of the prisons documentation), then they sent me for a drug screening. Most likely to see if I had opiates in my system. I know there is no opiates in my system but there is weed.

Don't count on testing negative for opiates to completely get you off the hook. It's common knowledge that many nurses divert not for their own use, but to sell/give to other people. All the negative means is that it's not in your system--it doesn't account for missing pill(s).

Popping positive for THC isn't going to do you any favors though.

My questions are:
Can I lose my license due to this?
Will this be reported to the BON?

Your employer may choose to report you to the BON, or they may not. That is entirely their call. I'd guess probably not as med errors happen. However, when a controlled substance and/or positive drug screen is involved, your employer may feel differently.

If they do report you, the BON will conduct an investigation. Will you lose your license from this? That's the BON's call. If I had to place a bet, I'd say you'd keep your license. However, I'm not the BON.

Your license may end up being disciplined, which while you still keep your license, is a hassle for you since discipline is forever. It never goes away, you will have to declare it on every job application, and it puts you at a disadvantage against nurses with unblemished licenses.

I will say that should it get to the BON and you want the best chances of your license getting through unscathed, seek legal counsel. And definitely DO NOT appear/address before the BON without a lawyer at your side.

What other jobs can I do besides nursing? (for over 20yrs I've always worked in healthcare)

Why the doom and gloom? Why not see what comes of this first.

I am so depressed that I put myself in this situation. After not smoking in 10yrs I pick now to do so, after having an impeccable nursing record for 15 yrs I made a dumb med error.
Any suggestions or advice???

Occasional MJ use does not necessarily an addict make, so I'm not going to tell you to run to the nearest NA meeting and declare yourself as one. Only you can decide if you have a substance abuse problem, and if you feel you do, seek help. Especially if the BON decides to talk to you about your entering a diversion/recovery program.

And if you feel you don't have a substance abuse problem, stay away from the wacky backy. It clearly didn't do you any favors.

Best of luck.

DeeAngel · Feb 10, 2017

Why did you agree to the drug test? When was the last time you smoked weed? Are you a chronic smoker, regular, sporadic etc? Without better understanding of the error I can't see why they tested you.

Well if you don't let them, it's usually immediate dismissal with a report to the board. A refused drug screen is pretty much the same to admin as a failed drug screen.

dirtyhippiegirl, BSN, RN · Feb 10, 2017

All three of those nurses I worked with quit or fired after refusal of the test. We looked them up on nursys and no infractions. I am just saying you never know how it plays out.

Many states offer a theoretically private, non-disciplinary pathway to addicts. Just because you can't find any public records doesn't mean that something didn't happen.

Horseshoe, BSN, RN · Feb 10, 2017

All three of those nurses I worked with quit or fired after refusal of the test. We looked them up on nursys and no infractions. I am just saying you never know how it plays out.

And for that very reason, not a good idea to cavalierly suggest that people "can always refuse" without adding that there may or may not be serious consequences for doing so. Your friends' experience doesn't do Joe Blow any good whatsoever if he lives in a state where refusing to be drug tested (probably most states) results in the equivalent of a positive test.

This is a site for a law firm that specializes in defending nurses and other healthcare workers when they are disciplined by their licensing board. Even they caution about refusing drug tests.

Even if you did divert medication you are entitled to a proper defense. If you are asked to provide a drug screen please understand if you refuse, your license will more likely than not be subject to a Summary Suspension or Emergency Suspension Order.

What To Do If Accused of Drug Diversion or Stealing Drugs

allnurses Guide · Feb 10, 2017

Call your malpractice company right away regarding the med error.

Consider other legal help for the drug issue.