CFR 42 part 2

Posted
by Laura RN Laura RN (New) New Expert Nurse

Specializes in Surgery-Pain. Has 15 years experience.

 


Who is aware that HIPPA was updated on 8-14-2020? That your SUD can’t be used against you in a criminal or Administrative hearing. Your state board of nursing license is an administrative hearing. If the sole basis of there case is this- they have no right to be USING THIS AGAINST YOUR LICENSE! Also I am going thru this right now with zero HELP. They need a court order to obtain your records in which your would have had to commit a CRIMINAL OFFENSE! Alaskas ACLU is fighting the board on posting their information on the internet now! I need all the support I can get ladies and gents! This has destroyed my life. 
the RN who performed my original drug test “forgot my signature” that’s his testimony! Yet the DOT has a procedure for this- I had a second test performed that day OBSERVED! Showing different results. Which I knew I had to take at 5am I had to report too! This is TOTAL ***! 
the Assistant district attorney has lied so many times in the first hearing even the damn investigator for the state. I have presented the  FEDERAL law MORE than once and they keep going back to a public health code, and documents signed before 8-14-2020. These idiots won’t accept defeat- I have never been in any trouble at my job. Never even been written up. I have safe guarded thousands of patients information- yet MINE is posted to the internet and can be found on EVERY SEARCH ENGINE KNOWN TO MAN?  I HAVE THE RIGHT TO BE A PATIENT. I HAVE THE RIGHT TO PRIVACY. MY family wants nothing to do with me, and I have no support. I am about to lose everything. The office of civil rights said this is not discrimination either yet the national institute of mental health clearly defines a substance use disorder as a mental health disease. So if you have nothing to use from my practice and solely using a mental health disease to prosecute me on, then what would you call it? Would I not be protected under this law? 
I am so tired of being a person who does the right thing, yet gets screwed over when it’s their turn to use the same laws.
The ADA wants to bring my psychiatrist in to testify against me! Are you joking me? This is so illegal I want to scream!  I have petitioned everyone I can think of! If anyone has a resource please help me. Michigan can’t win this is just wrong- I have never witnessed such an injustice. The purpose was to not seek prosecution for getting help from your job for getting help.  Yet the office of civil rights oversees this and theirs no problem! WOW!! Federal law supersedes public health code ANY DAY! 
please anyone

 

Laura

 

Nurse Pompom

95 Posts

I agree that your personal medical info shouldn't be public without a judgement won against you. Once a judgement is passed, yes, people should know why someones license was suspended.  You serve the public and with your license come responsibilities and consequences. 

solarex

solarex

30 Posts

Laura, I don't mean to be mean or rude, but I will be honest here.  Have you ever thought about fixing the substance abuse issue?  It sounds like you are getting a raw deal from the info given and I concede that, but again, is it not like the mafia guy that commits crime after crime and beats the case in court and gets off, then the FBI wrongly and illegaly sets the Mafia guy up and he gets convicted and sent to prison for 50 years for something he didn't do.  Was the FBI wrong for what it did?  Of course it was, but again, if the Mafia guy...........was not in the Mafia and didn't have that lifestyle, would his life likely not be different and he wouldn't have had to worry about the FBI falsely setting him up?

Again, I have sympathy for your plight, but just keep this in mind, you have mentioned the things in your post where you have been done wrong (and it sounds like you have been done wrong) but again, you also mentioned drug testing, psychiatrist, SUD, etc.  Have you given thought at to the following.....if you didn't have a SUD anymore or were not using, you wouldn't be in this situation (again, not saying it's OK what the Board is trying to do to you) but do you have any responsibility.

Bottom line......your SUD can come to light in the public eye IF the public is considered endangered or at risk.  That supercedes HIPPA norms.  What can you do to help yourself right now based on the info you gave?  Get a toenail test and hair test.  One can go back up to one year and the other goes back 3 months.  Immediately, if those are negative and you show them to a lawyer, you are going to win with the Board.  If you show them to the Board, the Board likely will back down or concede.  If you were to show them a nail test or hair test that were positive, then once again, how much responsiblity to you bare?  You obviously would bare some.