Can they do this?

Nurses Recovery

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Hello All: Ok here is my question. I was called into my managers office and due to the fact that I take frequent bathroom breaks and give alot of meds was asked to provide a hair sample drug screen. I was told that no meds were missing, my charting was impecable and my behavior was fine. I was in shock that they asked me to do this. Either way I told my boss I was not comfortable providing a hair sample because my hair does not grow and is very thin and fall out due to a medical condition (my thyroid was removed when I was 7 yrs old and have taken meds for it, for 27yrs) I have not had my hair cut or clipped in 10 yrs by a professional so I know I am not letting some amateur near my head with sicissors. I did do some research and talked with other people who said they take chunks of hair. 120-240 hairs with each chunk. I dont have that much hair to give. Now I did take it upon myself to provide a urine drug screen and offered to give blood and saliva but that was not good enough for them. I was told that refusing the hair test was the same as having a positive test result and I would not be able to come back to work until giving a hair sample. After 1.5 weeks of waiting for them to call me, I finally called my boss and told her I would not be coming back to work there. She stated it was out of her hands when I refused the test. I never said the word refuse to them I only stated I did not feel comfortable taking the hair test due to my thinning hair and it not growing. My boss said she would send me my separation papers, that I would need them. (not sure what that meant) and we ended the phone call. I feel like I was made to quit. I was also told it was not a policy that had been implemented or put into action just a request from them. However I could not come back to work until i give the hair sample. my questions are, 1. Is this legal? 2. can they report me to the BON 3. would they have been able to legally fire me if I didnt take the test since hair sample was not policy? Keep in mind I took a urine drug screen and offered blood and saliva...I am a wreck now cause I have no job and finding it difficult to find one. Please give me some answers!! Thanks!

Specializes in Emergency Department, House Supervisor.

Dear Sissykim,

Are YOU for real? Whether the person who wrote the original post is addicted or not, there are certain rights and courtesies that are part of the code of ethics for nurses. One of these is to treat all other nurses with respect. That includes on the job and on the blog.

One of THEM. SyckRN

My stomach is in knots, and I feel like I am on the verge of a nervous breakdown. I have known people to get their licenses suspended for positive results but have never heard of the BON waiting 8 months. It only took my friend a couple of weeks to get her license snatched up. So do I need to worry for the next year about getting a letter and everytime I see the mailman feel like I need to go hide under a rock?

Specializes in Emergency Department, House Supervisor.

Dear traumagyl,

You can call the BRN and find out if any complaint has been filed or is pending. Remember this...YOU HAVE RIGHTS! The BRN cannot trample them without good cause. At least talk to an attorney. They will tell you how long the BRN has before they have to act on a complaint. In California, I DID wait a year. I called the BRN early on and they advised me to get a job in order to establish that I could work safely and so when the cogs in the wheel of bureaucracy finally did catch up to me I had some evidence that mitigated my entrance into their program. Let me be clear...I WAS an addict and although I had NEVER diverted meds at work, I DID go to work impaired. So I got what was coming to me.

Stop fretting. That's my advice. And establish safe practice.

SyckRN

I am failing to understand why the OP is upset with her facility.

She was "asked" to provide a hair sample for analysis, she refused. A refusal is to some degree is admitting guilt whether true or not. One usually knows what the drug policy is when hired, if you refuse you you are just reinforcing what "they" think.

It does not really matter if a hair sample is in the Employees manual or not, Employee manuals, like other "official" publications can change or be updated without notice. Sad but true, read the fine print.

I equate this to a Drill Sargent saying "Drop and give me 100 pushups!" you do it or you pay the consequences.

I thought that Sissykim's post was rather innocuous just another viewpoint.

Specializes in Emergency Department, House Supervisor.

I agree with "telling it like one sees it" and the post by Sissykim was an honest response. Just not supportive. Not that that is a requirement. Personally, I would like to see more support and less judgment.

That's me personally, as one who has bee judged both justly and unjustly.

Syck Syck SyckRN

Dear Syck,

Back in March I was terminated from another job for making too many med waste/errors. I was drug tested 3 times and tested negative everytime. My boss told me that he did not feel like I was an addict but thought I could possibly be diverting them out of the hospital but he was not sure. He terminated our relationship and told me he would have to report it to what I am assuming is TNPAP. (just figured out what TNPAP was when I went to Jack Stems website a few days ago) I had never heard anything from them or anyone so I figured it was over and moved on. Now I am dealing with this. I urinate a lot, big deal, I take care of my patients and medicate them well before sending them home unlike the other nurses that dont care about their patients. I feel disreguarded as a person or even a human being. I cant help who I am, nor can I help my medical issues. Every hair on my head counts and I do not feel like I can afford to loose even ONE.

Specializes in Emergency Department, House Supervisor.

Dear traumagyrl,

Keep the faith lady.

Take care sister.

Thanks...I will say this, If I do get a letter one day and have to go in front of the board....then I will pull a Britney Spears...

Specializes in icu,ccu,sicu,crna.

The job market is rough out there. I hope you can find a better one that is more supportive soon. I just hope your hair is worth all this. If things do progress it will be Hell. lifeistweet

Ya know after all the comments I am starting to question and second guess myself even starting to feel a little guilty and shameful and sad eventhough I know I did nothing wrong. No I did not take the hair test but I did take a urine test. Now that might not mean anything to some people, but to me, it means I tried. That should count for something. I did what I could short of cutting my hair only because I am already so insecure about it. My boss told me that I had done nothing wrong, and when she said it was out of her hands, she was talking about it was now in her bosses hands and had to consult with her. It has to show some sort of effort on my part that I took a urine test and offered blood and saliva.

Specializes in Emergency Department, House Supervisor.

Don't feel guilty. The hair test is for long term use/abuse of substances. It seems unfair to be able to invade you privacy for the last 10 years (since you last cut your hair). Let it go. You do have the right to be ok with your actions when they were done innocently.

Specializes in Med Surg,.

All I want to say is the board of nurses are not so nice. And do me a favor and read some of the disciplinary sanctionings for nurses who have refused to submit to testing. They were punished. Refusal is an admission of guilt, it clearly states this in the NCBON practice laws. I did not mean to accuse. I am on probation and never was asked to test, I could have given hair, liver enzymes, doo-doo, and pee but it was my documentation (POOR). Now, here I sit on probation for one year even after the addictionologist refuse to give a diagnoses of substance abuse. I asked ther board why not take my urine, during the time of investigation, her response was,"urine cannot tell the whole story and there are certain drugs which will not show if they are not specifically being analyzed." Now, I pee at my expense,($78/test) whenever my randomized number comes due. I also understand, the invasion of privacy, but privacy is not the issue, hair won't seem to matter either if the board proceeds. Your complete professional history will be investigated past employers/employment included. Once you are marked by the board employment opportunities will dwindle to just about nothing. The employees WILL hire but with substandard pay.

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