Can I refuse drug test? Will I be reported?

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Hey everyone, I'm not sure if I'm posting in the right place, this will be my first post on allnurses.

I am wondering, if I refuse to take a drug test for my employer, will it automatically be reported to the BON? I am an LPN practicing in PA. I work for a home care agency. Surprisingly I wasn't drug tested upon hire and they don't do random drug testing. The only reason I am worried about being drug tested is that I have been missing a lot of work and acting very irrational due to bipolar disorder and anxiety. I did make my employer aware of these conditions. I am supposed to go into the office and speak with one of the schedulers, I'm guessing regarding a counseling due to my absences from work. Can they drug test me? Are they likely to? Is this a valid reason to drug test? Do they even need a valid reason? May I refuse until I can provide scripts for my medications? Can disciplinary action be taken if meds are prescribed by an MD? Most importantly, will a refusal lead to discipline from the BON?

thanks in advance.

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It seems as if you are overthinking this. Why the concern about drug testing if you have valid prescriptions and are taking your meds as prescribed? What do you mean about this sentence? 'May I refuse until I can provide scripts for my medications?' Therein seems to lie your problem. Whatever happens, you need to get with your PCP and get yourself back on track.

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Specializes in PDN; Burn; Phone triage.

Irrational behavior due to mental illness in itself is a reportable "offense" and liable to get you placed under monitoring if it is reported.

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This is news to me. Thanks for letting me know. This is very depressing to me, however. If I knew this to begin with I may not have entered this career field. I have been diagnosed with depression, anxiety and ADD since I was a child. I never thought it would affect my license. This is so scary to me. I don't know if I should just think about changing careers at this time. I don't even know what I would do.

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Thanks, this is news to me. I had no idea that my mental illness could have cost me my license. I am scared. I feel lost. I don't know if I should just try to pick a new career field or give up.

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You are right, and I am in the process of getting help. I lost my other job due to mental illness and I had a good insurance plan but lost it so I stopped going to my psychiatrist and therapist. I've also been through a miscarriage, an emotionally and physically abusive relationship on both of our parts and my partner's own issues with his mental health and drug addiction. So I'm just going through all this at once and am on the verge of a breakdown if I'm not ther yet.I have also used marijuana occasionally and am worried that would show up. In that case I guess my question is, if I think I will fail a drug test, is it better to refuse the test or to take it and test positive? If I refuse will it be easier to fight with a lawyer?

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If I refused the test and then came up clean when tested by the BON would I face any negative consequences?

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Specializes in PDN; Burn; Phone triage.

There really isn't an answer for your questions. Have you been stealing meds? I don't think calling out a bunch *by itself* would make someone suspicious enough to drug test you. But that's hypothetical. There are nurses in my monitoring group with clean UAs. There are nurses in my monitoring group who refused to UA and the BON took that as an automatic assumption of guilt. But that is anecdotal.

There are hair and nail tests that can go back for months. If you are reported, they will do an addiction and mental health eval and there is no way that you would pass that. Of course, you're freaking out about a worse case scenario that may very well nto happen -- although it probably will happen if you keep working without getting your health straightened out.

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Specializes in Registered Nurse.
You are right, and I am in the process of getting help. I lost my other job due to mental illness and I had a good insurance plan but lost it so I stopped going to my psychiatrist and therapist. I've also been through a miscarriage, an emotionally and physically abusive relationship on both of our parts and my partner's own issues with his mental health and drug addiction. So I'm just going through all this at once and am on the verge of a breakdown if I'm not ther yet.I have also used marijuana occasionally and am worried that would show up. In that case I guess my question is, if I think I will fail a drug test, is it better to refuse the test or to take it and test positive? If I refuse will it be easier to fight with a lawyer?

I know you may not want to hear this but I think you need to focus on your mental health first and foremost before anything else. You said you've been missing a lot of work and acting erratic. It sounds like you need some help.

This reminds me of someone frantically trying to plug holes in a boat but not realizing the hull has broken off and you are sinking. If you're employer knows about this, you may want to let them know you have acknowledged the problem and are seeking help. Then let the chips fall where they may. Once you have your mental health back on track, you can deal with everything else in a healthy way without feeling like you are on the verge of a breakdown. I wish you the best of luck!

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Specializes in Psychiatry, Community, Nurse Manager, hospice.

You cannot be fired or lose your license for having a mental illness. Having a mental illness is not an "offense". Nor is it "reportable". It is against federal law to discriminate against a person for health reasons and even the big ole scary nursing board has to abide by that.

You may need to take medical leave until you are stabilized. At your meeting, I think you should inform your employer that you need medical leave. Then work with your psychiatrist to get yourself stabilized.

Best wishes to you.

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Specializes in PDN; Burn; Phone triage.
You cannot be fired or lose your license for having a mental illness. Having a mental illness is not an "offense". Nor is it "reportable". It is against federal law to discriminate against a person for health reasons and even the big ole scary nursing board has to abide by that.

You may need to take medical leave until you are stabilized. At your meeting, I think you should inform your employer that you need medical leave. Then work with your psychiatrist to get yourself stabilized.

Best wishes to you.

Please do not spread misinformation. You can be placed in a monitoring program for your mental illness (although it isn't as common as someone with an addiction) and if you do not comply, your license will be revoked. The ADA had absolutely nothing to do with it. (If it did, they wouldn't be able to mandate recovered alcoholics into monitoring, but they do.)The anecdotal stories of people on this very forum who are being monitored because of mental illness should be warning enough.

Getting fired from your job due to mental illness might be covered under the ADA, though.

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