Hospitals discriminating against medical conditions..?

[CosmoRN77]

If a person has a medical condition and is prescribed medical cannabis by a medical doctor would it not be discrimitory for a nurse to be denied employment? Nurses should have the same rights as any other individuals that are not nurses. This is common sense. A nurse should have the right to chose either man made chemicals (which can lead to absolute dependance) or chose naturally occurring medicines such as cannabis (which is much less likely for dependance). Why are we being denied this right? If you say its because there is no test to measure if a nurse is high on the job or not then guess what? Its not the nurses fault this test does not exist so why does the nurse have to limit their options for medical care? Having said that I feel hospitals are discriminating against medical conditions and I don't even know how they are not being prosecuted for this. Medical cannabis is prescribed by a medical doctor and therefore is in FACT a medication! Hospitals are not hiring and firing people with medical prescriptions.

[~PedsRN~, BSN, RN]

Not always. Hospitals can choose to not hire employees who smoke tobacco. The same can be done for marijuana once it's been made legal federally. I live in Colorado, and I also work for a hospital network that's considered pretty lenient with regards to drug testing (they do not do pre-employment drug tests). But even they have said that they take a zero tolerance approach to marijuana use.

I really find that interesting, Klone....

One could argue why they find alcohol consumption acceptable, and not grounds for termination.

Of course I know they do breathalyze employees in random spot tests (at least in my facility) - and I would assume that there is a zero tolerance (IE - no acceptable "legal" limit) while working and assuming patient care. So perhaps that is an issue too - since marijuana kind of sticks with you long after it's affects are gone.

[klone, MSN, RN]

I really find that interesting, Klone....

One could argue why they find alcohol consumption acceptable, and not grounds for termination..

I'm guessing that is because tobacco use, even when only done at home, affects patients (people who smoke tobacco REEK, sorry/not sorry), and because tobacco use has a much more significant affect on a person's overall health compared to alcohol, and as a result, significantly affects insurance rates.

[~PedsRN~, BSN, RN]

And honestly, how does my smoking affect my ability to do my job, as long as I am not doing it on campus, on company time, etc? I mean, I can DEFINITELY see the affects that it would have on my health insurance policy... but my ability to be a safe and effective nurse? Interesting.

(and again, to clarify - I DO NOT SMOKE. )

[~PedsRN~, BSN, RN]

I'm guessing that is because tobacco use, even when only done at home, affects patients (people who smoke tobacco REEK, sorry/not sorry), and because tobacco use has a much more significant affect on a person's overall health compared to alcohol, and as a result, significantly affects insurance rates.

I guess you are right, it does tend to stick around and second hand smoke is a real thing. I remember when our hospital still had "smoking" areas - and it was embarrassing, honestly - how many health care workers were out there on their breaks, puffing away.

And I definitely see how being a smoker would affect their ability to maintain health insurance coverage. But the employment thing is interesting.

[RNperdiem, RN]

There is a stigma attached to any drug that can be abused/taken recreationally. Chronic illness requiring meds is stigmatized too. If this prescribed substance is taken for any chronic illness that involves mental illness, then another red flag of stigma is raised.

Discrimination is hard to prove, but it happens.

[ixchel]

I'm guessing that is because tobacco use, even when only done at home, affects patients (people who smoke tobacco REEK, sorry/not sorry), and because tobacco use has a much more significant affect on a person's overall health compared to alcohol, and as a result, significantly affects insurance rates.

Insurance AND potential number of call outs. URIs are definitely a bigger problem in smokers.

[RNsRWe, ASN, RN]

While debate and discussion may be done ad nauseum for entertainment value, unless a specific plan is made to effect a change in State and/or Federal law.....it is all meaningless.

The law stands until it is revised, revoked, or otherwise amended. You may not like it, but it is what it is until....it isn't.

As far as what a facility may or may not discriminate against, the law is also pretty specific when it comes to protected classes (protected against discriminating against them in hiring practices). A facility would be breaking the law if it were to refuse to hire a nurse who has a physical or mental disability BUT IS ABLE TO PERFORM the duties and responsibilities of the job in question. If a disability makes one unsuitable for a specific job....a facility is not obligated to hire him.

However, a person who has a physical or mental impairment that does not preclude employment CAN be denied the employment if he/she chooses a treatment program that affects the person's ability to perform that job. Likewise, he/she can be denied the job if the individual's choice of treatment is not compatible with company policy...and, obviously, if it is against the law.

[CosmoRN77]

Anxiety and insomnia is the reason a physician prescribed me medical cannabis. Now most of the medications for this can be physically addictive or dependant and a person may suffer withdrawals if they abruptly stop taking anti anxiety medications hence the reason I would prefer the natural alternative. I've seen hospitals that refuse to hire someone who smokes ciggaretts but what happens if they smoke after being hired? I think their insurance deductible increased dramatically. It's still a little different between the two. My psychiatrist agreed that the board can't do anything but if I want a job I can't smoke or could be denied a job or get fired which I understand but the board on the other hand my psychiatrist agrees the board has no say in the matter unless there have been violations with the law.

[RNsRWe, ASN, RN]

Anxiety and insomnia is the reason a physician prescribed me medical cannabis. Now most of the medications for this can be physically addictive or dependant and a person may suffer withdrawals if they abruptly stop taking anti anxiety medications hence the reason I would prefer the natural alternative. I've seen hospitals that refuse to hire someone who domes ciggaretts but what happens if they smoke after being hired? I think their insurance deductible increased dramatically. It's still a little different between the two. My physiatrist agreed that the board can't do anything but if I want a job I can't smoke or could be denied a job or get fired which I understand but the board on the other hand my psychiatrist agrees the board has no say in the matter unless there have been violations with the law.

This was a little hard to follow, but I think you're asking if the BoN can take an action against you if you are reported to them for smoking marijuana...? If it is legal in your State, and you are legally prescribed it, then NO, the BoN cannot take an action against you. HOWEVER, and it's a BIG "however", if your facility policy is that you cannot use this substance and remain employed by that facility....you have a choice to follow the policy and maintain employment, OR risk being terminated for your (otherwise legal) use of marijuana.

The facility can absolutely dictate that you are not allowed to use this substance while working for them. You won't have legal recourse if it is stated in their P&P that this is the rule for maintaining employment. If you're considered impaired, that IS a legal matter that can be referred to the BoN for disciplinary measures. Much like alcohol use is legal, it's still prohibited to use it to the degree that would cause impairment at work. You cannot be drunk. And, likewise, you cannot be stoned.

If you appear impaired while at work, it would be reasonable for the facility to request drug screenings to be done, to protect them from liability should an impaired nurse be functioning as their agent (which you do every day as an employee of that facility). If you have a substance in your sample that is forbidden to be used...you will be terminated. Really just that simple.

[Dogen]

The Oregon State Board of Nursing has a helpful FAQ, since we have legal recreational marijuana. Basically, the OSBN doesn't care if you smoke unless you're impaired on the job, in which case the law stipulates you should be reported for investigation, but employers are legally within their rights to not employ you if you fail a drug test. That seems consistent with the Colorado supreme court decision that being terminated for marijuana use is legal because you're breaking federal law.

I don't care if people smoke, so I like the OSBN position of only being involved if you're reported for impairment. Which is kind of a side issue to the employment question.

[CosmoRN77]

Yes, thank you. I've switched my direction to the board from the original post. Basically if I want a job or not risk getting fired I won't smoke but if I decide to use the medical cannabis the board can't say anything unless there is evidence of using during a shift or there was a violation or arrest by law enforcement is what I'm getting at now. I'll be calling the board to ask them myself in the morning. I'm also going to ask where on their website it addresses medical cannabis as we should be well informed just like they do everything else.

[OCNRN63, RN]

Ok fine I get the point of this ridiculous battle between state versus federal laws but the Board Of Nursing is governed on a state level and a nurse cannot lose their license over this matter only lose a job correct?

That's irrelevant. Federal law trumps state law, so if something is deemed illegal by the fed., it doesn't matter if it's legal in the state.

Right now, the fed is choosing to turn a blind eye to the shops that sell cannabis products, but the owners of those shops know that at any time the fed could shut them down and prosecute the owners.

Look in the "Search" section. There are quite a few threads on this topic.