Drug urine test after 12 hour shift

Published

After the completion of my shift I was escorted by the house supervisor to another floor where a woman, hospital security, and house soup for the next shift waiting for me. I was told on the way there that several reports was made about me "acting more nervous than normal" and "uncontrolled twitching", so I was asked to give a urine sample. The testing company lady asked what medications I took and wrote those on her paper, added a substance to the toilet water and accompanied me in the bathroom for me to give my specimen. I was contacted by my superior stating I was suspended until the results came back. I called HR the 2nd full day after and inquired about the tests and was informed there was not anything under my name at that time. I emailed my superior again and was told HR would be the ones contacting me when the test came back. I also emailed HR just trying to find out what the time frame was for this, and if I needed to be doing something in the meantime, I was finally told by HR the test results can take anywhere from 3-5 days. I was called at almost 5 one afternoon with a message left to call back and nothing else. The next day I received an email and phone call that they wanted to meet with me. I was escorted to another office where my superior and another in a management position told me my test results came back positive. I was told my test showed methadone and benzo. I asked if the test could be reran, take another test, hair follicle test and/or polygraph and was told no. I was given information on TPAPN, a copy of the signed termination papers, and handed over my badge. I told them that I have never taken any of those drugs and told that "that's not what the test shows." I was informed I would be reported to the board and my best bet was to self enroll in TPAP. They stated they was going through my charting as well and my medication charting was "sloppy", which I'm not quiet sure how to take. I have since emailed and requested a copy of the reported drug test results and have not heard anything back yet. The MRO never contacted me during this process (after much googling I'm not 100% on the process) I take benadryl, nexium, sleep aid, tylenol, ibuprofen, and or tylenol. I'm not sure on my course of action at this point. On the way home I bought an at home test from CVS and took that test in front of my husband (I know this will not help my case at all at this point but I needed to know) that test was negative. I plan on getting my own hair follicle test on Tuesday at a DOT facility, I'm sending another email for a request in writing for another test to be ran on my sample I gave. I did sign the hospital consent and the paper from the testing company although I did not initial or sign anything after the sticker was placed on top of the specimen cup. I'm so furious at the whole process of this and feel like a dog chasing it's tail because I don't know what else to do. Has this happened to anyone else? I'm going through this tunnel just trying to locate the light at the end.

Specializes in tele, ICU, CVICU.

So glad you got the negative report... Seems the majority of the actions taken by employer were utterly ridiculous; This has got to be one of the most ridiculous I have heard of. Kudos for you handling it so well.

And the COC #'s are different??? (that's just icing on the cake)

Sounds like you should report & sue, or something, for damages to your character and/or nursing license, $$ outta your pocket for all the testing, etc), as suggested above.

I wonder if your attorney felt any outcome of a suit against them, would not be substantial enough for them to pursue the matter? As much as this is about principle, money does make the world go round.

Specializes in NICU, ER, OR.
I think the 3-5 day wait was to ensure that they could argue the test was positive when they collected it even if a later test was negative. Get a lawyer and fight for yourself. I don't care if you have to work doubles in a facility you hate to pay for it. DO NOT think that the board is on your side because they are not.

Agree, please stop contacting the BON... they are against us , in no way an advocate for nurses

Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

What I've found with the BON is that they don't change unless WE as nurses demand to be listened to AND we are willing to rattle their cages. Part of the reason most of them are so tyrannical is because historically, as a profession, we have not done that.

This particular case is a great reason to rattle some cages. Especially with proof.

With a different attorney.

Specializes in Flight, ER, Transport, ICU/Critical Care.
First of all let me say that I absolutely believe you. I've seen equivalent and perhaps even worse behavior from fellow nurses and employers. To me there are three things you need to do:

a. Get the hair follicle test that you mentioned as it goes back three to six months (I believe). If you can afford it get two both from reputable companies.

b. Find and attorney experienced in nursing license defense.

c. If you have a union contact them yesterday.

d. If you can afford it sue them for defamation of character after your tests are positive.

When my wife was on orientation she had an experienced preceptor change out a TPN bag after she had checked it (after momentarily leaving the room for an emergent issue) to see if she would check it again before hanging. The same preceptor turned off her chest tubes suction for two hours to see if she would catch the mistake. When my wife failed these "tests" the preceptor demanded her termination from the CVCC to the manager and even admitted that she had done these things. Indeed, at the beginning of her "orientation" she was told that she would never make it there as they didn't like newer grads and that they couldn't afford to fill positions as they needed the "overtime" to pay for their cars and swimming pools. I tell you this only because it illustrates just how evil some people can be (this happened at the CVCC at Methodist Hospital in Indianapolis around 2007 by the way).

myoglobin — off topic from OP, but Holy Mother of Dog!

That preceptor is a dangerous nurse. Full stop. Precepting, teaching, orienting — I don't give a flip, no, no, nope — I would have lost my s#*^ on her. The learning process never includes harming a patient, watching another nurse to catch that you've caused harm and all the while waiting around to see if they crump out.

I just cannot. I'd be discussions with the appropriate persons impacted by this — not even a ethical quandary for me.

Yikes.

Specializes in Flight, ER, Transport, ICU/Critical Care.
So I always try to make myself memorable and I guess the drug testing company decided to help me. I have received information that my specimen has been retested and the results are NEGATIVE.

OP, I stumbled on this thread — what has happened has been a nightmare. A year of monitoring/$1000 and 18+ drug screens on an employer ***** drug screen.

And you are now squarely on the BON radar. And it's a "Congrats" from your lawyer (Guess they figure they "saved" your license — so, all good?) that you are PAYING. Oh, heck no.

I get that your BON attorney does not want to pursue action on the previous employer, but you need to speak with other attorneys. The currency of civil litigation is MONEY. And the previous employer pulling the ***** has damaged you —

at a minimum they did not follow their rules and it resulted in your termination for cause and report to BON on a test when confirmed was NEGATIVE.

You are damaged. Emotional, physical, economical (job loss, etc). I'd be in counseling over the anxiety, but that's me. I cannot image.

Your direct damage (test costs, hair, attorney fees) are not chump change. Add that to everything else.

Get advice from other attorneys. I can't give legal advice, but this seems actionable to me.

***

IMO — sadly, it looks like they wanted to fire you but should have not gone with the sham drug test route. They are scoundrel rubes.

I almost wonder if a website where nurses can leave real feedback on hospitals, conditions, bad actors would be useful — I guess so many incidents are easy identified by detail and fear of retribution exists. It's been my experience that a general bad manager/idiot HR screws over lots of people and it would be prolly impossible for them to recall who. Perhaps if it could be reported without incident detail and just general "has drug test issues at that facility" or "manager on 3E is awesome, great place to work" "ICU preceptor at Broken Heart did not want to precept and she reminded me of it". Or a warning — anything. Places that are plagued, usually stay that way with big change.

Your story seems like a CAUTIONARY TALE and a very bad one indeed.

I am so sorry to hear that this happened to you and the out come. I had something similar happen to me recently, but the drug test was negative and I was accused of drug diversion. They stated that my charting didn't coincide with my waste and that on multiple patients, I didn't have orders for the drugs that I gave. That charge is ridiculous! Every patient that came to me in recovery room had a narcotic ordered. We scanned our drugs into the computer charting, if it wasn't in the medication profile you couldn't give the med. The meds that I gave to the patients that they said didn't have an order for that med, allowed me to scan it and give it. There were 12 incidences. I am extremely diligent in scanning my meds AND wasting them. I never moved my patient out of the recovery room until my medications were wasted. I was told on day one of this job that they had a large nurse diversion there. Ok after 17 years of nursing, why would I decide to start stealing drugs and giving or selling them to someone in a place that I have never been before from a hospital that claimed over and over that they had a huge nurse diversion problem. This hospital let this go to 12 incidences before they pulled me into HR and fired me. I was a traveler at this hospital and had 3 weeks left in my contract. Even though my drug test was negative, I was told that it was reportable to the board because they had missing narcotics. Their narcotics wasn't missing, what they had missing was a competent computer system that didn't fail on a daily basis and didn't drop orders on a daily basis. I heard this complaint from nurses and doctors on a daily basis!!! Now I am awaiting notification from the board. This is ridiculous that we as nurses have to put up with crap on a daily basis from all sides and then have to fight a corporation for their lives due to some BS!! I will REFUSE to compromise on my license. I will not submit to scheduled drug testing or anything else. I will quit nursing if I have to do that. It isn't worth the BS. I AM INNOCENT!!!!

Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.
So glad you got the negative report... Seems the majority of the actions taken by employer were utterly ridiculous; This has got to be one of the most ridiculous I have heard of. Kudos for you handling it so well.

And the COC #'s are different??? (that's just icing on the cake)

Sounds like you should report & sue, or something, for damages to your character and/or nursing license, $$ outta your pocket for all the testing, etc), as suggested above.

I wonder if your attorney felt any outcome of a suit against them, would not be substantial enough for them to pursue the matter? As much as this is about principle, money does make the world go round.

I'm with this reply. Do this, and with another attorney. Pronto. You've lost money, got reported to the BON for no good reason, etc.

Specializes in Surgical, Home Infusions, HVU, PCU, Neuro.

update- I have spoken with the HR dept of the hospital I was terminated from and was given an apology and offered my job back.. They feel that all blame is on the testing company because they are the ones that sent the positive results ( which I agree, however had they allowed my requested retest at the time of my termination I think this could have been squashed a lot sooner. I have contacted the BON investigator and they need the results in pos/neg format which at this time I do not have. When I first called, after getting the info on the retest completed, I got transfered a couple times because no one knew who I needed to talk to. So I still have daily check ins and yada yada. As for calling the BON and spot lighting my name, all they are going to figure out is that I'm very persistant and will do what I need to to get past this h311.

My lawyer for the BON does not handle civil litigation or anything in that area. As of now that's all I am able to say in relation to that. I am in the process of getting information together and signatures to present a bill to the state representatives in an attempt to have a stimpulation on drug testing and the right for the sample donor to request and have honored a specimen retest, in hopes that if this does happen to someone else they have a fair chance of clearing their name ect. If I didnt think I would be commiting career suicide, I would blast this with full details on social media ect

Oneof5 - Holy gracious that is awful and I am so sorry that you are going through that. I would think that a place that continuely says they have a large diversion, steps would be taken to prevent that since what ever system they have in place doesn't seem to be working. I have never had a pt from PACU that did not at least have some type of pain med ordered. Crazy! Even if the orders "drop off" there should still be a trail of it being placed and being able to scan pt and med should show where the med went ect. I hope you are able to bury this quickly. Thoughts and prayers, and keep us updated if you dont mind!

update- I have spoken with the HR dept of the hospital I was terminated from and was given an apology and offered my job back.. They feel that all blame is on the testing company because they are the ones that sent the positive results ( which I agree, however had they allowed my requested retest at the time of my termination I think this could have been squashed a lot sooner. I have contacted the BON investigator and they need the results in pos/neg format which at this time I do not have. When I first called, after getting the info on the retest completed, I got transfered a couple times because no one knew who I needed to talk to. So I still have daily check ins and yada yada. As for calling the BON and spot lighting my name, all they are going to figure out is that I'm very persistant and will do what I need to to get past this h311.

My lawyer for the BON does not handle civil litigation or anything in that area. As of now that's all I am able to say in relation to that. I am in the process of getting information together and signatures to present a bill to the state representatives in an attempt to have a stimpulation on drug testing and the right for the sample donor to request and have honored a specimen retest, in hopes that if this does happen to someone else they have a fair chance of clearing their name ect. If I didnt think I would be commiting career suicide, I would blast this with full details on social media ect

Oneof5 - Holy gracious that is awful and I am so sorry that you are going through that. I would think that a place that continuely says they have a large diversion, steps would be taken to prevent that since what ever system they have in place doesn't seem to be working. I have never had a pt from PACU that did not at least have some type of pain med ordered. Crazy! Even if the orders "drop off" there should still be a trail of it being placed and being able to scan pt and med should show where the med went ect. I hope you are able to bury this quickly. Thoughts and prayers, and keep us updated if you dont mind!

Wow, kind an amazing turn of events. Do you think they are nervous about you suing them?

And kudos to you for your efforts to get legislation in place to protect nurses going forward! You are awesome.

it seems they have realized they crossed the wrong,... hmm, you know the word. good on you!

Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.
update- I have spoken with the HR dept of the hospital I was terminated from and was given an apology and offered my job back.. They feel that all blame is on the testing company because they are the ones that sent the positive results ( which I agree, however had they allowed my requested retest at the time of my termination I think this could have been squashed a lot sooner. I have contacted the BON investigator and they need the results in pos/neg format which at this time I do not have. When I first called, after getting the info on the retest completed, I got transfered a couple times because no one knew who I needed to talk to. So I still have daily check ins and yada yada. As for calling the BON and spot lighting my name, all they are going to figure out is that I'm very persistant and will do what I need to to get past this h311.

My lawyer for the BON does not handle civil litigation or anything in that area. As of now that's all I am able to say in relation to that. I am in the process of getting information together and signatures to present a bill to the state representatives in an attempt to have a stimpulation on drug testing and the right for the sample donor to request and have honored a specimen retest, in hopes that if this does happen to someone else they have a fair chance of clearing their name ect. If I didnt think I would be commiting career suicide, I would blast this with full details on social media ect

Oneof5 - Holy gracious that is awful and I am so sorry that you are going through that. I would think that a place that continuely says they have a large diversion, steps would be taken to prevent that since what ever system they have in place doesn't seem to be working. I have never had a pt from PACU that did not at least have some type of pain med ordered. Crazy! Even if the orders "drop off" there should still be a trail of it being placed and being able to scan pt and med should show where the med went ect. I hope you are able to bury this quickly. Thoughts and prayers, and keep us updated if you dont mind!

Good for you. Way to fight back.

Hello, the substance was probably a dye, as used in chain of custody urine drug screens so apparently no one uses toilet water to dilute the specimen. However this is odd, as she was observed I believe. Nothing like being stared at while you try to pee under hostile conditions.

Also, I know from personal experience that if you aren't "in the club" at some facilities, they will resort to extremely evil tactics to get rid of you.

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