Help what is regulation of drug screen???

Lisacar130 · Jun 1, 2017

These programs are in lieu of them reporting you to the board. If you are reported by them, you will have a permanent mark on your license and will then be monitored by the board, doing the exact same thing (drug tests, meetings) and paying out of pocket. It is likely to be for a longer period of time as well, depending on the state it could be for 5 years. All for the privilege of having a permanent mark on your license. It is very hard to get a job with that and hospitals don't hire nurses that have such a mark. The only way it could backfire is if you end up testing positive or don't meet the requirements because then they will report you. But not signing up will make them report you anyway, so I don't see why you would want to consider fighting this. I see many nurses listed on my state board's monthly disciplinary report that tested positive for marijuana. They see it the same as crack or heroin. The only thing I wonder is if your job will allow you to go back to the same job you're doing now as long as you sign up. I was offfered something similar but couldn't go back to my same job and it wasn't guaranteed they would hire me for an alternative position. My state goes easy on people who report themselves to the board so that's the route I took and it worked out for me. Many states don't do this though and it is risky because there's no guarantee they won't put a mark on your license. If money is a concern for you, I would be much more worried about having a mark on your license... many nurses I know can't find a job due to this and it never goes away. You can call a few lawyers that deal with nurses but I hope they are honest with you and don't encourage you to fight it to line their own pockets.

Meriwhen, ASN, BSN, MSN, RN · Jun 1, 2017

thanks for the advise and this is what im afraid of. After doing what they tell me ,paying all this money out of pocket they will still find a way to take my license?

It sounds like if you are compliant TO A T with the program, then the hospital will say nothing to the BON and you will emerge with your license intact. IMO, I would still have your attorney review the agreement with the hospital, just to make sure that everything is kosher and to ensure that the hospital will honor their end of the bargain. Even if you lose your job because you chose to hire a lawyer, you want to make sure you are not trapped in an agreement that you can't/won't be able to honor.

As another poster said, treat this like you are in fact an addict in recovery. Doesn't matter if you are or are not an addict (only you can make that call as to whether you are an addict). But when it comes to this, act like it. That means zero excuses and 100% compliance. So yes, that means no birthday drinking. No celebratory drinking for whatever reason. No "just once" for anything. No "I didn't know THAT was in there" when it comes to smoking or eating a questionable snack at a questionable party. FYI, the "secondhand THC smoke" and "didn't know about the brownies/candies/cigarettes/etc." excuses don't fly with either employers or BONs, so best you avoid questionable parties in the first place.

I hope this all works out for you. Best of luck.

Lisacar130 · Jun 1, 2017

I agree with Meriwhen except when it comes to the part about "Even if you lose your job because you chose to hire a lawyer." If you lose the job, they immediately report you to the board and then you get a permanent mark on your license and have to do the board's monitoring, which will be longer, depending on the state 3-5 years.

Meriwhen, ASN, BSN, MSN, RN · Jun 1, 2017

I agree with Meriwhen except when it comes to the part about "Even if you lose your job because you chose to hire a lawyer." If you lose the job, they immediately report you to the board and then you get a permanent mark on your license and have to do the board's monitoring, which will be longer, depending on the state 3-5 years.

I wrote that because the OP wrote this (emphasis mine):

Problem im having is after speaking with this company they will not give me any info until i am already in the contract. If i do not do this program they turn me over to BON and i lose my job. If i hire a lawyer i will lose my job but not my license.

I still think it's best if OP has a lawyer review any agreement instead of blindly agreeing to a employer-run program. OP is going to have to cover the costs of all of this, and OP doesn't know what the agreement will entail or even if they will be able to meet the stipulations that the hospital will set.

I'm not saying that the hospital will intentionally set the OP up to fail or renege on the their word, but just as I'd tell anyone dealing with a BON diversion program to get their attorney to review the contract before they sign anything, I would definitely get an attorney involved here.

And probably even more so in this situation...because the fact that the employer won't let the OP get an attorney involved or even share details of the program until after OP signs on the dotted line is rather frightening.

But that's all the OP's call.

jfox01, BSN · Jun 1, 2017

Thank you to everyone for responding. Your advise has made me come to the decision of going through the program. My license is to precious to me to take a chance of losing. I know i will not have a problem staying "clean" I will pray for them to be fair. My boss is in my corner and wants me to come back .

Lisacar130 · Jun 1, 2017

Good, I know of so many nurses who would have killed for this opportunity you have, instead of having permanent consequences to your license. Good luck and it will go by fast.

Jolie, BSN · Jun 2, 2017

I don't understand how the OP is certain that consulting with an attorney will:

a.) Result in being fired, and/or

b.) Ensure that she maintains her license.

Lisacar130 · Jun 2, 2017

I don't know the specifics of what they told her. Apparently they told her if she hires a lawyer then no deal. I could see how the hospital does not want to deal with her lawyer. If she brings a lawyer into it then they have to bring theirs into it as well, and why should they bother with that time and cost when they are doing her a huge favor by offering an alternative to reporting her?

It's kind of like being on death row and being offered a get out of jail card and going "wait... my lawyer needs to approve of this deal."

At this point there is probably no time to consult with a lawyer beforehand, even to have them review the agreement privately. The hospital probably needs to either have her sign up for this program now or legally the hospital has to report her to the board. There's no time to waste here. Taking too long to sign up may cause the hospital to take back the offer. There couldn't possibly be anything in the agreement worse than being reported. She can still choose to quit the job at any time (and be reported to the board) if she doesn't like something in the agreement. That's what I did actually... I signed an agreement like this but part of the requirements was I couldn't go back to my old job. They didn't give me a new job fast enough so I reported myself to the board and quit so I could work somewhere else. Now I'm on the board's program... it's longer but otherwise the same thing. My state allows a deal for people who self report where nothing shows up in my license as long as I meet the requirements. I got that deal, but I didn't realize how risky it was to report myself and there was no guarantee the board was going to give me that deal. I had to talk them into it and almost ended up with a mark in my license but I ended up being lucky. Many states don't offer this deal either and put a mark in your license. Either way, she wasn't considering reporting herself, she was considering fighting the charge... and that would have ended up badly in this scenario.

Simplistic · Jun 2, 2017

Sorry youre going through this :/ Weed just needs to be legal already.

Meriwhen, ASN, BSN, MSN, RN · Jun 2, 2017

Thank you to everyone for responding. Your advise has made me come to the decision of going through the program. My license is to precious to me to take a chance of losing. I know i will not have a problem staying "clean" I will pray for them to be fair. My boss is in my corner and wants me to come back .

I too hope they will be fair. Best of luck.

kitkat0114 · Jun 3, 2017

I am hoping someone can offer me some good advice.

My 1st twelve-hour day back to work after missing 6 days (FMLA, I had the Flu & strep throat).

I was pulled to another unit because they were short staffed at the beginning of my shift. At 3 PM, the House Supervisor told me I was no longer needed on this unit. I asked if I could go home because I was very tired, she told me "No", sent me back to my home floor & because of low census, a more senior nurse was permitted to go home.

I just started working this shift & the staff is very cocky & I just don't fit in.

Anyway, about 90 minutes before shift change, a coworker & I took a break. While sitting outside, I got very tired & layer my head on the table. I don't know if I actually nodded off or not, but when my coworker got up from the table, I did too!

She went straight to the unit, I stopped by the vending machine & bought an "energy drink".

As soon as I returned to the Unit, the Supervisor walked me off the unit. I cooperated with Management 100%.

I was searched & my belongings were searched. And, I consented to a drug screen.

9 days later, they called me in for a meeting.

My drug test came back NEGATIVE!

However, at this meeting, I was presented with a list of 9 different medications arranging from Dilaudid, Morphine, Phenobarb, Percocet, & Ativan.

They accused me of diverting over a 4 month time frame ( from the time I started this new shift).

I worked 1- 1/2 years on nights & nothing ever "came up missing".

We use a pyxis machine & COWs (Computer on Wheels) & neither is 100% reliable!

On 2 separate occassions, I attempted to obtain a narcotic & the pyxis gave me the wrong amount (I walked it to pharmacy & completed a special form because it was a "pyxis error".

And since our COWS are old, a lot of scanners don't work, the battery doesn't stay charged, etc, I have ALWAYS felt the need to Cover my butt.

I ALWAYS document my pain meds, conversations with doctors & orders on my "Patient Assignment Sheet".

I have ALWAYS put my assignment sheets in my locker at the end of the day and once or twice a year, shred them.

When I was presented with lust of medications, I states, "There is no way possible I can be expected to remember what medications I have gave 3 months ago without looking at my documentation". I asked if I could view the notes from my locker & was denied 3 desperate times & once terminated, my locker was cut and all documentation I had removed. I am assuming they destroyed them.

Of corse, I did not have malpractice insurance.

I contacted several local lawyers in my state & I was told I had to go through the grievance process 1st.

And, my Union is a joke! It has been 2 months & U have still not had a Grievance hearing. My Rep said HR refused to hear my case & they are going to go straight to Arbitration. Did I mention I had a previous on-going grievance ( When they hired me, I was started at a Grade 12, when all of my coworkers were talking about their raises, I went to HR & inquired about mine. A week later, I got a certified letter stating "after an internal audit, they realized they made an error, I should have started at a level 9). Arbitration for this grievance has been cancelled twice!

Anyway, I have been turned into the BON. In the complaint, I get a letter from this "Nurse Restore" Program, wanting me to sign a consent to give them access to my medical & psychological records & to come in for an evaluation.

WHOA!!!!!

I don't even feel confortable with this!! I don't feel the BON or anyone else should have their nose in my medical records!!

Here is my concern: I was born with Poland's Syndrome, affecting my left side. And, I am prescribed hydrocodone & a bezo. I have taken these medication for the past 10 years or so.

And, as anyone knows, when you take narcotics, you go to your Dr every 2-3 months, I have had drug screens & pill counts.

When I go to a new job, as long as the lab has a form from your Pharmacy, & the meds that I am prescribed are the only medication in my system, the drug test is negative.

When I told the woman at this Program that I do not feel confortable with "being bullied" into this.. I only had 5 days to decide!

I did not do anything wrong! I contacted this RN/Lawyer for $2000 (every dime I had). She wrote a letter to the BON, instructed me to do CEUS on documentation, Medication Charting, etc. She also felt I should go through with the "Restore" Program.

I hope I am not screwing up! I have been an RN for 26 years & I value my reputation to much!!!

I am a single mom, I had to get public assistance for last months utilities, get food stamps & a medical card.

I have another job interview next week ( I told the last 3 potential employers about the complaint to the BON), so I decided not to tell this employer.

Any advice, words of wisdom, suggestions?

Lisacar130 · Jun 3, 2017

Unfair or not, when the BON wants your medical info after an accusation like this, unfortunately you're going to have to comply if you want to keep your license. It is still possible that a person who is prescribed these meds could still abuse them, and that is what they are trying to find out. Someone could doctor shop and get multiple prescriptions or could take 5 pills at a time when they should only have had 1. That is the purpose of this investigation, and their job is to protect the public.

You said you had 5 days to decide... is it too late? Benzo's and narcotics together are actually not the greatest of combinations for people, especially if you're working as a nurse, and they may come to the conclusion that you need some help. I have been to rehab myself and it is well known in the recovery world that just having a prescription doesn't mean you're not abusing it. But only a psychiatrist can determine that and that is who they will have you see for the evaluation.

Also... you should maybe post your own thread?