Failed pre employment screen

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Specializes in Psych.

Hello Everyone,

I am currently licensed in NYS and I failed a pre employment drug screen. I did not want the job for the company and actually withdrew offer. However, they said they still have to report positive THC screen to the NYS board of Nursing. I smoked a few times 6 weeks ago but I am not a chronic user. I am sure I will be clean in the next week but what will board of nursing have me do?

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I'd dispute the test and retake it. Maybe by then you'll be clean.

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Specializes in Psych.

They won’t let me retake it

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Specializes in ICU/community health/school nursing.

Can you retake the test at your own cost? Someone with better knowledge about how long THC hangs around in a blood test may weigh in here....

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Specializes in CCRN, Geriatrics.

I would research ny’s board of nursing procedure for testing positive. In the past i’ve read about nurses having their license suspended for as long as 5 years as a restriction. In the future i wouldn't smoke and then look for employment technology is catching up.

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They'll report you to the board of nursing and you'll have to serve several years in a probation program (aka: peer assistant program, alternative to discipline, etc).

Get an attorney to discuss your case as they may be able to negotiate the board of nursing to offer you a confidential order. The order requiring you to go in, and why they required you to go in, will only be visible to the board of nursing and not publicized to the whole world like they enjoy doing to Texas nurses.

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Specializes in ED RN and Case Manager.

You need to call an attorney ASAP. Not a criminal attorney but one that has experience in front of the NYS BON.

If you lived in Kentucky, you would definitely be subject to 5 years of the KARE monitoring contract. In regards to the BON, it’s irrelevant if you smoked pot once 6 weeks ago, used IV heroin daily for 6 months or been an alcoholic for 16 years. The contract would be the same. The ONLY differences would be the level/amount of rehab (as determined by a substance abuse evaluator... and you would get SOMETHING, even if IOP) and whether or not it’s confidential or public info. Regardless, you wouldn’t be able to administer narcotics for 6mos -1 year, would be required to attend AA/NA meetings 3x/week for 5 years and have random UDSs at least 2-3X/month x 5 years (yes, even if you smoked THC only one time).

So- get an attorney, experienced in BON matters NOW. It’s essential to do this before the BON contacts you. With an attorney, you may be able to get a lesser “sentence” (perhaps 2 or 3 years instead of 5 years), & confidential orders instead of public. They may also be able to reduce or eliminate a civil financial penalty, if applicable.

I was in a confidential program because I self-reported (which, in my case, was appropriate because I needed help with an addiction). I knew my employer was reporting me. If I had done “nothing”, and waited & gone before the disciplinary/investigative branch of the KBN, I would have received exactly the same stipulations but it would have been public info for lifetime. I would have also had a $500-$3000 civil fine instead of $0.00. Now that I’ve completed KARE, my license is completely clean in my home state (& the compact states), and my KARE contract info has been expunged.

Your case is a little different than mine & you live in a more liberal state. Get an attorney BEFORE NY initiates their investigation. Again, an attorney may be able to reduce your length & keep everything confidential.

Regarding confidentiality: You can ask some of the nurses on this site, or just read through the posts, about employment difficulties they have faced with public disciplinary actions, even after completing their 3 or 5 year program. A public action will follow you to every state & is listed on Nursys FOREVER. Employment applications may be nixed before being called for an interview. If not, then you’ll ALWAYS have to explain to prospective employers about the time you smoked or ate a little THC. (For that matter, patients, colleagues, acquaintances, friends & family can access & read your board orders). Employment isn’t impossible by any means... just more difficult.

If there’s any chance of avoiding this scenario, the price of an attorney is well worth it! So if you don’t have an attorney now, do some research on Thanksgiving Day, find attorneys experienced with your BON & call Friday for an appointment.

I’m not intending to scare you or to exaggerate. I’m just being perfectly honest.

Good luck!

1
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Specializes in Psych.
11 hours ago, KyBeagle said:

You need to call an attorney ASAP. Not a criminal attorney but one that has experience in front of the NYS BON.

If you lived in Kentucky, you would definitely be subject to 5 years of the KARE monitoring contract. In regards to the BON, it’s irrelevant if you smoked pot once 6 weeks ago, used IV heroin daily for 6 months or been an alcoholic for 16 years. The contract would be the same. The ONLY differences would be the level/amount of rehab (as determined by a substance abuse evaluator... and you would get SOMETHING, even if IOP) and whether or not it’s confidential or public info. Regardless, you wouldn’t be able to administer narcotics for 6mos -1 year, would be required to attend AA/NA meetings 3x/week for 5 years and have random UDSs at least 2-3X/month x 5 years (yes, even if you smoked THC only one time).

So- get an attorney, experienced in BON matters NOW. It’s essential to do this before the BON contacts you. With an attorney, you may be able to get a lesser “sentence” (perhaps 2 or 3 years instead of 5 years), & confidential orders instead of public. They may also be able to reduce or eliminate a civil financial penalty, if applicable.

I was in a confidential program because I self-reported (which, in my case, was appropriate because I needed help with an addiction). I knew my employer was reporting me. If I had done “nothing”, and waited & gone before the disciplinary/investigative branch of the KBN, I would have received exactly the same stipulations but it would have been public info for lifetime. I would have also had a $500-$3000 civil fine instead of $0.00. Now that I’ve completed KARE, my license is completely clean in my home state (& the compact states), and my KARE contract info has been expunged.

Your case is a little different than mine & you live in a more liberal state. Get an attorney BEFORE NY initiates their investigation. Again, an attorney may be able to reduce your length & keep everything confidential.

Regarding confidentiality: You can ask some of the nurses on this site, or just read through the posts, about employment difficulties they have faced with public disciplinary actions, even after completing their 3 or 5 year program. A public action will follow you to every state & is listed on Nursys FOREVER. Employment applications may be nixed before being called for an interview. If not, then you’ll ALWAYS have to explain to prospective employers about the time you smoked or ate a little THC. (For that matter, patients, colleagues, acquaintances, friends & family can access & read your board orders). Employment isn’t impossible by any means... just more difficult.

If there’s any chance of avoiding this scenario, the price of an attorney is well worth it! So if you don’t have an attorney now, do some research on Thanksgiving Day, find attorneys experienced with your BON & call Friday for an appointment.

I’m not intending to scare you or to exaggerate. I’m just being perfectly honest.

Good luck!

Thanks a lot for your advice. I will definitely contact an attorney on this matter. I keep getting mixed reviews. Someone I know had a random drug test at work and tested positive for THC and that person got reported and the board of nursing didn’t even contact him on this matter. He’s been working for years. A lot of nurses I’ve spoke to stated that the board might not do nothing considering it wasn’t an event that occurred at the workplace. I am still worried but will definitely contact an attorney after the holidays.

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In the Texas you're not required to report to the board of nursing if no practice violation occurred; however, it's mandatory we make referrals to TPAPN.

Added: I agree with what KyBeagle said. Even the most incredible criminal attorneys often don't have experience with boards of nursing (nursing, MD, etc). You need an attorney who's specialty is working with your state board of nursing. You don't necessarily need to retain them because there is little they can do to negotiate terms with TPAPN, but it wouldn't be a bad idea to prepare yourself.

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On 11/28/2019 at 10:34 AM, Angel_Rivera said:

Thanks a lot for your advice. I will definitely contact an attorney on this matter. I keep getting mixed reviews. Someone I know had a random drug test at work and tested positive for THC and that person got reported and the board of nursing didn’t even contact him on this matter. He’s been working for years. A lot of nurses I’ve spoke to stated that the board might not do nothing considering it wasn’t an event that occurred at the workplace. I am still worried but will definitely contact an attorney after the holidays.

Any updates on what happened? Facing something similar. 

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