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 Med Surg,.

I was incorrect about the board's postition, refusing to test is a guilt plea. What I read, voluntarily surrendering licensing is a form of disciplinary actions. I read the NCBON NPA through and through. Good luck in your future endeavors, and professional career.

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Specializes in med surg: ortho/neuro.

I am in the early stages of working with TNPAP, once I have finished all of my treatment TNPAP will require random urine and hair tests, I fessed up to my use, but so far at this point TNPAP has been a blessing for me, therefore if you can prove your case you should be ok, TNPAP's immediate recommendation is 30 day inpt treatment, wheather you self report or someone else reports you, but from talking with other nurses in treatment, 90 days was the max it took tnpap to contact them

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I am in recovery >3 yrs. While as an impaired professional, I did terrible things and treated people like dirt. I

realized finally, I was on the right track. I knew sooner or later that my past mistakes would catch up to me someday. Needless to say, that was the case and it takes everything I have to overcome my past deeds.

The monitoring program probably saved me from self-destruction, but I have felt as if I had no civil rights that all of us take for granted. I have taken a great deal of responsibility for my actions and have suffered great consequences. I am currently unemployed, without any concrete job opportunities to support my family.

I am vigilant to attend Group Meetings and stay sober with what I am taught. There are many times I feel like giving up, but I always remembner that brought most of my problems upon myself. That is the hardest thing to deal with your mistakes day after day. I do remain a Nurse though and try to remember that this too shall pass.

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According to what you are saying, this seems terrible. I don't think I'd want to work for this place even if I had the option. However, you say you were already fired and reported from another job for suspicion of diverting in March, and now are in this trouble already? That is a major red flag. I was impaired and diverting for a long time at work. I thought because I could cheat the urine tests, and their was no smoking gun w/ diverting, I could keep slipping through the cracks. Eventually, they lumped some b.s. together and fired/reported me. I requested to drug test and THEY refused. I was guilty, and they knew it, even though they couldn't prove it. I volunteered from Diversion and that has been the only thing that has been able to help me stay clean and sober.

Along with your medical issue, you mention cutting your hair is against your religion. I wonder why you didn't mention this earlier on in the posts, as this is a pretty huge reason to refuse the test. From what I understand, hair tests don't go back "10 years" or whatever, just 90 days. I believe only the 3cm closest to the root is looked at in head hair, as the hair degrades beyond reliability after that point. And yes, body hair is routinely used; usually in men who shave their heads.

This situation sucks, but since you already have a complaint pending from a previous job, DO A HAIR TEST NOW so you have that documented. Use body hair if need be. Even if you get a lawyer and fight it, these two things together are a major red flag, implying guilt. This is terrible road to go down if you can avoid it. If you don't have anything to hide, I think there would be more anguish fighting the board than losing some hair.

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Specializes in icu,ccu,sicu,crna.

My nephew was recently required to have a hair follicle test before being hired for an ENGINEERING job. They are getting cheaper and more routinely done.

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I'm inclined to agree with jnks. While reading this thread, its odd to me that the issue of religious belief only comes up 4 pages into the thread. The fact that this has occurred before does not cast a favorable light on things. I'm not making judgement at all, but I can promise you, you don't want to tangle with the BON. I watched what they put my friend through for giving a PO version of a med instead of the IV that was ordered. And they classified it diversion. To me, that's not diversion, but you're playing on their court so to speak. In your position, I would get a hair test immediately, get copies of everything, and at least speak to an experienced attorney. Is some hair worth your nursing license? Best of luck to you.

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Just to give you guys an update and clarify some things...I was never reported from another agency and was let go for making a med error NOT diverting. As for things now, I hired an attorney and met with a BON investigator a few months ago. I had everything written down and paperwork to backup any questions or concerns they might have. I was told that I didnt have to cut my hair eventhough I never intended and do not intent to now. (We do live in a country that has freedom of religion reguardless of any situation) I also let them know that I submitted a drug screen. Funny my employer who reported me forgot to mention that to them so they had no idea. (I even had the results for the investigator to look at) I was told to continue working at my current job and I may or may not hear something from the BON. I stopped worrying about it along time ago and I went on with my life. After all I followed all policies and procedures and never diverted anything. I got a new nursing job a couple of weeks after being terminated and have been there almost 8 months. I recently got promoted to manager and am very happy at my current job. I contacted the EEOC and filed a formal complaint against my prior job as they did break the law according to my attorney. My religious beliefs are my own and it is my right as to when and how I disclose them, on the job and on the blog. If I hear from the BON I will definitely update everyone, until then I am going to enjoy today and not worry about tomorrow cause we might not be here tomorrow.

Peace and Love

Bad Habits are like comfortable beds, easy to get into and hard to get out of...

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Specializes in NICU, ER, OR.

I'm trying not to sound judgmental, but I'm not sure I'll be successful. So... if my employer accused me of drug use/ diversion / suspected odd activity, and I was completely innocent..and they requested a hair sample ? Or * any* other sample? I'd bend over backwards to disprove ANY impropriety/ drug use .... I don't care if I had literally 2 lil ole strands of hair left on my head... they could have it if it proved I did nothing wrong...

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I would say this... If I was pulled in off the floor and had this demanded of me there are going to be a few things that are going to happen. One, I want to see the drug testing policy that says what they can ask for specifically, when, and under what circumstances. Not in a few days...now! Second, why am I being accused and I want it in writing, now. Third, they are not taking any samples from me, I will be going to a Workman's Comp Doctor or professional drug testing site of their choosing, that understands proper chain of command. Before I would leave the building to comply with this, I would call a lawyer and ask for immediate representation, even if I had to give him a credit card over the phone. I may also call the department of labor to see if I have any further rights. Sounds to fishy to me. Even if they had legit concerns they handled it like a bunch of rookie idiots.

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