Discrimination?!

Nurses Recovery

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Hi! I am new to this...so I hope that I am not asking something that has already been addressed. I am involved in the alternate program through the Ohio Board of Nursing and have been for a little over a year. My license was finally re-instated and I found a job. I am in the process of having the job approved by the BON and they informed me that I will not be able to take a medication that I have been on for a while because it is labeled as a "controlled substance." It is Nuvigil, and was not my drug of abuse. In fact, I abused downers not uppers. Even my therapist agrees that there is very little incidence of abuse with it.

Anyhow, the contract with the BON states that "

(3) A requirement that the participant abstain from the use of alcohol, drugs of abuse, and controlled substances, excepting participant's time limited use of alcohol, drugs of abuse and controlled substances in accordance with a treatment plan established for the participant by a qualified prescriber;

(5) A requirement that the participant, when using medications in accordance with paragraphs (B)(3) and (B)(4) of this rule, cease working in any position that requires a nursing license or dialysis technician certificate, or as a certified community health worker."

I take the medication on a long term basis and have taken it for years. It is used to help me with focus and chronic fatigue. According to my monitoring agent, I can not take any controlled substance and work as a nurse. If my doctor feels like I need to remain on the medication then I would default out of the alternate program and into the disapline program. What my question is -- could this be some form of discrimination? They are telling me I can't work because I require taking a medication for a preexisting condition. What would happen if someone had epilepsy and could only be managed on phenobarbital? Is it okay that they are not afforded the same "privilege" of being in the alternate program vs. the disipline program? Wouldn't it be safer to have someone working as a nurse while on medication that is recommended by their doctor (who is FULLY aware of my addiction history) rather then practicing with an untreated condition?

Believe me, I know that I manipulated and lied while I was using....but now I am on the up and up. I take the medication as my MD prescribes. In fact, with the Nuvigil I feel better than I have in years. I actually believe that if I had taken that years ago, I wouldn't have abused drugs. For now, I am going to have to stop taking the medication and I suppose wait until I am out of the program in order to take it and feel normal again. I am just frustrated. I feel like I have jumped through all the hoops that the BON has put in front of me. Now, I just feel like they are unjustly punishing me. My monitoring agent actually told me that I had the "choice" to be taken out of the program. HA - that is correct if I never want to be a nurse again. That would be like telling someone that they have the "choice" to breath or not. Just because I am a recovering drug addict doesn't mean that I should be discriminated against. I really believe that licensed professionals are held to a standard that doesn't allot for any reasonable human error. Anyone have any thoughts or experience with this? Thanks

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My gut feeling is that you are either going to have to play their way or get a lawyer who can advocate on your behalf. Many people who make the decisions regarding your licensure are not healthcare professionals and should probably not be in the business of telling you what medications you should be on, with some obvious exceptions.

I know it seems like the answer to everything on this board is "get a lawyer" but the boards are better at making blanket regulations than navigating the individual circumstances of each nurse who comes to their attention.

Good luck. A_O_A

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i feel your frustration. i find myself denying a very well needed trip to my doctor to ask for an antidepressant. i have suffered in the past with bouts of depression and anxiety but have been okay for quite a number of years without medication, until recently. i fear will interfere with my contract with vrp if i ask for help. my counselor says it wont hinder me on getting back to work, but i dont trust that. i have been so down this past month.... dont even get out of bed for three or four days at a time. what for? i have no purpose and no job and just feel its safe to stay there and wait for the powers that be give me the okay to be me again. wow, im having a pity-party but just cant shake it.

i have worked with nurses who have had schedule11 narcs rx to them and one who pops xanax like candy, even while at work. so it does make you wonder. i suppose it would be ok if you werent in the contract with pnap.

i have been tested "randomly" so much in this past month i am on a name to name basis with the workers at the hospital i go to for the testing. to top things off, i got a letter for last month that my urine was diluted. WHAT??? now they can tell me how much to drink?? also,that if it happens again i will have to have further testing. i dont get it, but this process is getting the best of me.

if you need that medication i dont understand how they can stop you from it, maybe you could ask your md to prescribe another type of med that isnt controlled.

wish you luck on that. mental health is just as important as the physical.

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Hi! I am new to this...so I hope that I am not asking something that has already been addressed. I am involved in the alternate program through the Ohio Board of Nursing and have been for a little over a year. My license was finally re-instated and I found a job. I am in the process of having the job approved by the BON and they informed me that I will not be able to take a medication that I have been on for a while because it is labeled as a "controlled substance." It is Nuvigil, and was not my drug of abuse. In fact, I abused downers not uppers. Even my therapist agrees that there is very little incidence of abuse with it.

Anyhow, the contract with the BON states that "

(3) A requirement that the participant abstain from the use of alcohol, drugs of abuse, and controlled substances, excepting participant's time limited use of alcohol, drugs of abuse and controlled substances in accordance with a treatment plan established for the participant by a qualified prescriber;

(5) A requirement that the participant, when using medications in accordance with paragraphs (B)(3) and (B)(4) of this rule, cease working in any position that requires a nursing license or dialysis technician certificate, or as a certified community health worker."

I take the medication on a long term basis and have taken it for years. It is used to help me with focus and chronic fatigue. According to my monitoring agent, I can not take any controlled substance and work as a nurse. If my doctor feels like I need to remain on the medication then I would default out of the alternate program and into the disapline program. What my question is -- could this be some form of discrimination? They are telling me I can't work because I require taking a medication for a preexisting condition. What would happen if someone had epilepsy and could only be managed on phenobarbital? Is it okay that they are not afforded the same "privilege" of being in the alternate program vs. the disipline program? Wouldn't it be safer to have someone working as a nurse while on medication that is recommended by their doctor (who is FULLY aware of my addiction history) rather then practicing with an untreated condition?

Believe me, I know that I manipulated and lied while I was using....but now I am on the up and up. I take the medication as my MD prescribes. In fact, with the Nuvigil I feel better than I have in years. I actually believe that if I had taken that years ago, I wouldn't have abused drugs. For now, I am going to have to stop taking the medication and I suppose wait until I am out of the program in order to take it and feel normal again. I am just frustrated. I feel like I have jumped through all the hoops that the BON has put in front of me. Now, I just feel like they are unjustly punishing me. My monitoring agent actually told me that I had the "choice" to be taken out of the program. HA - that is correct if I never want to be a nurse again. That would be like telling someone that they have the "choice" to breath or not. Just because I am a recovering drug addict doesn't mean that I should be discriminated against. I really believe that licensed professionals are held to a standard that doesn't allot for any reasonable human error. Anyone have any thoughts or experience with this? Thanks

Where is (B)4? I think you need a lawyer, if only to get an interpretation of the law.

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Morte - b(4) reads as follows "(4) A requirement that the participant cause all treating healthcare providers who authorize, prescribe or administer medication with respect to the participant, including but not limited to drugs of abuse, to submit documentation regarding the medication to the program, in the form and manner specified in the agreement;"

It didn't really apply to my argument so I left it out to try and cut down on how much people had to read. You can actually read through most of the Ohio contract at http://codes.ohio.gov/oac/4723-6 .

My fear in getting a lawyer is that I will **** them off and they will examine EVERYTHING I do even closer than they do currently. It is just baffling how they treat licensed professionals in this country. I wonder how most of those monitoring agents would tolerate being put through their own program.

lpn in pa - I am sorry that you are feeling so crappy. I know that feeling. I have been treated for depression and anxiety for years. Although, I believe 95% of those symptoms were caused by my addiction (anxiety over getting the drug, depression when I couldn't get it or when I had to go through withdrawls). The thing is....by taking this Nuvigil I feel better than I ever did while taking anything for depression or anxiety! Not to mention the anxiety that I am having about not being able to take the medication once I start working again! Good luck....get help regardless of the fallback from any BON. Mental health can quickly become life threatening if it goes on too long untreated.

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Morte - b(4) reads as follows "(4) A requirement that the participant cause all treating healthcare providers who authorize, prescribe or administer medication with respect to the participant, including but not limited to drugs of abuse, to submit documentation regarding the medication to the program, in the form and manner specified in the agreement;"

It didn't really apply to my argument so I left it out to try and cut down on how much people had to read. You can actually read through most of the Ohio contract at http://codes.ohio.gov/oac/4723-6 .

My fear in getting a lawyer is that I will **** them off and they will examine EVERYTHING I do even closer than they do currently. It is just baffling how they treat licensed professionals in this country. I wonder how most of those monitoring agents would tolerate being put through their own program.

lpn in pa - I am sorry that you are feeling so crappy. I know that feeling. I have been treated for depression and anxiety for years. Although, I believe 95% of those symptoms were caused by my addiction (anxiety over getting the drug, depression when I couldn't get it or when I had to go through withdrawls). The thing is....by taking this Nuvigil I feel better than I ever did while taking anything for depression or anxiety! Not to mention the anxiety that I am having about not being able to take the medication once I start working again! Good luck....get help regardless of the fallback from any BON. Mental health can quickly become life threatening if it goes on too long untreated.

I am thinking that the law makes no sense, that is why i suggested consulting an attorney for interpretation.

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I am just wondering if any lawyer would take on such a thing for a reasonable price. Since I haven't been working (again, thanks to the BON) I don't have the big bucks to spend on such a fight!

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Specializes in Impaired Nurse Advocate, CRNA, ER,.

When facing the board of nursing it is recommended to obtain the advice and counsel of an administrative law attorney. Why? Because the board has attorneys advising them. Unless you understand the nuances of the nurse practice act and administrative laws in your state, the board can propose all sorts of things. If you don't challenge them, you're stuck following their consent agreement. How can you challenge them when you don't understand the law?

I understand the money thing. If your career is on the line, it might be worth borrowing money from family or friends. I recommend all nurses obtain their own for this very reason...if you face BON action, the insurance will pay for a license defense attorney. The cost of professional liability insurance is a business deduction (if you itemize your taxes).

Contact the American Association of Nurse Attorneys or the Ohio Bar Association to see if they can refer you to someone who will work with you on retainer fees, or if there are administrative law attorneys who do pro bono work.

Good luck!

Jack

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