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My employer is turning me in to the state because I refused a drug screen. Long story short.....I refused because I was angry, not because I would have been positive. I didn't know this would happen, I just thought I would be terminated. Can anyone please tell me what the next steps with the state or TNBON are and what I can expect to happen? Thanks!

Specializes in Nephrology, Cardiology, ER, ICU.

Merged all threads for more consistent answers.

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I'm not looking up the specific rules in your state, but in my state, refusing to take a drug test does not constitute guilt.

Your employer has the right to fire you over it, but your employer is not a police department, or the BON. You never HAVE to do anything. Nurses do not lose their license or have to attend AA/NA over simply refusing a drug test. People on allnurses are trying to scare you. Just move on with your career. When you apply for a new job, just say that you wanted a different opportunity. It is against the law in most states for previous employers to give the reason you no longer work there.

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I'm sorry... I'm not trying to scare anyone. If you're a nurse and your employer is suspicious enough to ask you to take a drug test, they will report you to the board if you don't do it and the board will probably assume guilt if you don't, unless you can get a great lawyer and figure out a way to prove innocence. Otherwise, any nurse could show up drunk or high to work and just quit if caught and move on to the next job and so on. Does that make sense? If you could refuse with no consequences, there wouldn't be so many nurses on probation right now. The original poster said their job did in fact report them, so I don't know why you think we are scaring them. It already happened.

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I agree with Lisacar in a sense. I don't think every employer will report you to the board, I think many employers will let the nurse go without resorting to those measures. I know quite a few nurses from my support group who jumped from hospital to hospital diverting meds until they finally got caught and turned in to the board.

Having said that, it's completely within an employers right to file a complaint with the board, and, at least in California the BON is legally required to look into every complaint they receive whether there's any validity to it or not.

Granted, a refused drug test isn't much of a case but usually if you're asked to test its due to some kind of suspicion whether it be charting errors, too many pixs transactions, or reports from other employees of the nurse acting under the influence, and trust me the BON will do it's homework.

If they don't report you, let this be a lesson, a refused drug test isn't worth the stress of trying to make a point. If they do, well lawyer up, take the advice here and take care of yourself, it could take years to resolve this

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Specializes in Geriatrics, Dialysis.

While I understand being angry at false accusations refusing to take a drug test probably wasn't the best course of action. As long as you are completely confident the test would have come back negative why not take it? Worst case then is the test comes back negative as expected and you quit your job because you are angry or your employer terminates you anyway. Worst case scenario after refusing to test is now so much worse, especially since you said your employer turned you into the BON and the BON of any state is most certainly not your friend.

At the very least paying for a hair test to show a negative result should you need it is a good idea. If the BON does get involved expect the process to be slow. My advice if the BON does launch an investigation is to do whatever it takes to hire an attorney experienced in these matters, your career may depend on it.

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I would suggest a hair test done under chain of custody conditions so that it can be used in court if it comes to that.

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I was an emotional wreck as I had been in that job for over 7 years. I did attempt the UDS but only had 40cc of urine and they needed 80. This was because I had been called to come in ASAP and I had not drank anything that morning yet and had already emptied my bladder at home. I had to sit and wait so I could try again in an hour. I just became overly emotional and angry that I was being accused of something I hadn't done that I walked out. I honestly thought I would lose my job, but not set off a firestorm of being reported.

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Specializes in Emergency.

Cynical or not...here goes...you (most likely) now will become a number that will spend thousands of dollars to P in a cup as you enrich the for profit P/Rehab industrial complex based on psuedo religious junk science all in the name of "protecting the public." You will (most likely) do this and endure the illogical disruption of your human dignity because you worked so hard for your license...good luck.

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

Get a UDS yesterday, at least a 10 panel with GC/MS confirmation if your EIA shows positive. A hair follicle will show on or about the last 3 months but doesn't show most recent timeframe ( your hair needs to grow enough to make the test cut cover and overlap the time in question. I would get a least a 10 panel with that as well. Make sure who does your test is reputable and certified if possible. You should be able to see who the TNPAPN program uses and that should be a safe bet, if you can't locate that got to a testing facility that does DOT testing. Keep everything; chain of custody, receipt, email exchanges ect.

Talk to a lawyer familiar with the BON. Many will give you an idea of your options, and some have payment plans you may be able to utilize. If you do get something from the BON I would DEFINITELY consult a lawyer before responding.

The last day you worked or even the couple shifts leading up to, write, write, write. Record EVERYTHING about those days and day of, something may be key there that may be able to help you and the sooner you write, the more details.you will remember or be reminded of if the BON does intervine.

Put in applications all over now, most if not all ask if you are under a current investigation with the BON and unless you have gotten papers from them, you are not under investigation at this time.

What made then ask you to provide a urine sample? Meds missing, suspected impairment, patient neglect, ect. Something happened to make them ask for, what I am assuming, is a probable cause test. How can you dispute and prove whatever you have been accused of? The refused test sends up some red flags and I don't think the BON will be satisfied with 'because I was angry".

Remember, no one is going to fight for you harder than you will. Good luck!

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Specializes in Med Surg.

Dont know what you have done so far but I am very familiar wirh the TNBON and Tnpap. If you have not talked to the investigator yet and you are not getting an attorney; then get your drug test and your proof together. The first thing that happens is that an investigator with the state will contact you. I can tell you that I was fired and it took the investigator 1 whole YEAR to contact me. I explained the situation, no proodf of diversion and I was given a reprimand in my file.

The 2nd time from a different employer when I was fired, again no diversion just my bipolar out of control; I was turned in the the TNBON and part of the agreement with the state to keep my license was to become a participant in TnPap.

All I can say is that it is exhausting and confusing. TnPap Monitoring I mean, you are always terrified that you are not doing exactly what is expected when it is expected. I have been told it gets easier. And it is definitely better than losing your license all together.

Anyways, just to reiterate in Tn the first step is for an investigator to contact you directly to get your side of the story. If you were asked to take the UDS because of a discrepancy or something "fishy" at the job then be prepared to be referred to TnPap. And IF that is where you think it is headed then I would ask for TnPap services BEFORE the state MAKES that the only option. You can keep your license from probation and even from suspension if you are proactive!

Good luck, praying for you!

Bluffcityrn

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This is complete truth!!!!!

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A hair follicle test along with a IDS will help. Do it. I'm about to sign a contract with TNPAP.

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