Consent Order Active and Failed an Employer Drug Screen?

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Specializes in Psych, BH, LTC, Rehab, Detox.

So if you're already in a monitoring program with a consent order in place, but you fail a drug screen while already working at a new job, what could or would happen? We get level warnings - here, or I do anyway) for whatever "Infraction" you make. There's examples of what kind of level warning might be used if needed. But I was curious if anyone else experienced something like this and what happened with the BON? You would think they could make the monitoring program longer or something - more tests more frequently - I don't know. But instead of license suspension. 

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In my state you would have to immediately cease practice until they say you can return; most likely get another evaluation and possibly repeat inpatient or IOP; and definitely have increased frequency of testing. 

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Specializes in Psych, Addictions, SOL (Student of Life).

Your answer is going to be state specific but generallt what Distressed said above.

 

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Specializes in Psych, BH, LTC, Rehab, Detox.
DistressedRN said:

In my state you would have to immediately cease practice until they say you can return; most likely get another evaluation and possibly repeat inpatient or IOP; and definitely have increased frequency of testing. 

I never did inpatient or IOP. The increased testing comes from an automated computer system which has no link to employer test. Unless there's something a person can add into the website equation for that sort of thing. There are some people who have to do more when the consent order was put in place - but mine was minimal. So IDK how they do another eval or if they even edit the consent orders. My case analysis hasn't responded about any of it yet. Not very communicative lately. We get written up or get level warnings. But there's no "punishment" I see except "possible suspension of license" type thing.  

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Specializes in Psych, BH, LTC, Rehab, Detox.
hppygr8ful said:

Your answer is going to be state specific but generallt what Distressed said above.

 

Yeh. It doesn't go that in depth with the consent order. What I've read so far. Like I said in response above - I'm not sure that they edit the consent orders. It's a signed notarized document. So they'd have to have another eval by the panel I'm assuming. Or maybe they just suspend your license and you have to appeal. No idea right now. Just waiting to hear back. 

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Specializes in Psych, Addictions, SOL (Student of Life).
PsychRNXXX said:

Yeh. It doesn't go that in depth with the consent order. What I've read so far. Like I said in response above - I'm not sure that they edit the consent orders. It's a signed notarized document. So they'd have to have another eval by the panel I'm assuming. Or maybe they just suspend your license and you have to appeal. No idea right now. Just waiting to hear back. 

So your Consent order which you agreed to is a legally binding contract and should have considered language and penalties for relapse. So once you drink or relapse you have violated the terms on the consent order. I can't say what any BON or monitoring agency will do. It's certain though that there will be consequences. Now if the test is a false positive you should get a lawyer and fight it.

Hppy

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Specializes in Psych, BH, LTC, Rehab, Detox.
hppygr8ful said:

So your Consent order which you agreed to is a legally binding contract and should have considered language and penalties for relapse. So once you drink or relapse you have violated the terms on the consent order. I can't say what any BON or monitoring agency will do. It's certain though that there will be consequences. Now if the test is a false positive you should get a lawyer and fight it.

Hppy

I know it's legally binding. I don't know how to prove anything though. They can't retest that actual urine. The job doesn't keep it or anything. It was odd because the med that showed up, I hadn't taken. But one of the controlled meds I DO take did NOT show up. Bizarre. So IDK how you can fight that per se. I do have a level warning system with specific rules. But there's nothing I've seen yet about specific consequences after you get a final warning - if you end up violating the consent order - then what I do afterwards as far as trying to get back into the program and/or do another one, or request an appeal etc etc. Maybe I should read it AGAIN LOL. All the stuff is pretty long. There's just nothing that sticks out that says - here is what will happen if you get kicked out of the program with your license suspended and here is what you do for the next steps as far as getting your license back etc etc. I think if it gets suspended that it has to stay suspended for a minimum amount of time and then you request an appeal. It doesn't look like there's options afterwards - to do classes or do outpatient/IOP. 

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