I was accused of being impaired at work

Published

I have had severe daily migraines since I was 7 and took my lawfully prescribed migraine medicine Fioricet for 20 years in the middle of the night before work, which lasts about 3-4 hours. I was taken by security and took a drug test and passed fully minus the Fioricet which I proved my script.

My director still is accusing me of being impaired. I was not- and occasionally my migraines can make me look impaired. I was probably acting defensive very anxious/shocked I was being accused, but initially, his accusations were based on my eyes-they water and get bloodshot when I have a migraine and I had burned the first time (and last time) tanning artificially the night before.

I didn’t get to tell my story. I was sent home, drug test passed with MRO follow up for safety concern for a high level of Fioricet, occupational health followed up and my PCP wrote to not take the medication at work (which I don’t anyway) and cleared. I have been out of work for 3 weeks now still.

Now they are meeting the quality for patient services and safety Dr. RN. And I am still home.

Is an accusation of being impaired alone reportable to the board of nursing? Even after a drug test is taken and I am legally prescribed a medication?

Is this something they will fire me over and then report to the BON? What can I expect? What are my rights?

Thank you

Dear Wrongly Accused

I am sorry this is happening. I too am a migraine sufferer. Anyone can report you to the Board for any reason. So, yes, you can be reported for appearing impaired at work.

As far as the Fioricet is concerned, the Board is concerned with nurses taking controlled substances for a prolonged period of time. The reason why they are controlled is because they are habit-forming. The Board has no way of knowing if you took your medicine at work or not. You may want to talk to your physician about ways to control and treat your migraines without using controlled substances.

As far as employment is concerned, most states are employment at will and they can fire you for any reason. If you are reported to the BON, you should receive a call or a letter. Make sure your address is correct so you will receive the mail because you will only have a certain number of days to respond.

I hope you were able to keep your job and nothing comes of this.

Lorie

Specializes in Critical Care; Cardiac; Professional Development.
1 minute ago, Zaphina said:

How do you pay your bills while your fighting a discrimination case. Narcotics do not make everyone that impaired, I mean people read a book. Learn something just because it sounds like the status quo- do not repeat it.

The OP was showing signs of impairment.

Just now, Zaphina said:

I am not forgetting anything, as a Chronic pain/ migraine sufferer, I can do my job better than those that are not on anything. No, it is a lack of compassion. So I need you to post the jobs that give for those allowances, so other can apply... since they are out there. I cannot find one of them.. you work a job within the realm of whatever, the minute the job finds out of your pain, you are out the door. Regardless of whether you made it to work everyday, never slurred a word, stayed late to help out when needed, and went above and beyond for the patient. What is the comment for that?

I also suffer from migraines. I am not without compassion for that. I have never had to be fired for them.

I am sorry for your anger, bitterness and difficulties. I do hope it gets better and wish you peace.

On 5/24/2019 at 7:43 PM, Kooky Korky said:

You make a lot of sense.

Now if only Social Security would see it this way and grant her Disability. And I hope she has short-term and long-term Disability insurance.

I hope she has stopped all sugar and grains. And probably dairy, too, should be stopped. Also, go organic for produce and only pasture-raised and pasture-finished chicken, beef, pork, etc. Nothing from factory farms.

Detoxing from all the pesticides, hormones, and antibiotics used in the typical American diet can only help.

Find out, OP, if you have any dental infections, and not just from a regular dental x ray. There are some alternative Medicine MD's and Naturopaths and chiropractors who can diagnose and treat other than the typical Western medicine/Big Pharma way. Do explore this, it could help.

Get rid of mercury fillings.

Learn to use things like almond flour in place of wheat and other grains, especially corn. It's all generically modified and seriously polluted.

When was the last time somebody had Mercury put in a filling?

Specializes in Critical Care; Cardiac; Professional Development.
1 minute ago, Zaphina said:

When was the last time somebody had Mercury put in a filling?

There are tons of people of working age that still have mercury fillings.

1 minute ago, not.done.yet said:

The OP was showing signs of impairment.

I also suffer from migraines. I am not without compassion for that. I have never had to be fired for them.

I am sorry for your anger, bitterness and difficulties. I do hope it gets better and wish you peace.

I am not bitter. I am tired of the lack of human compassion. When ever someone shines a light on the dark, they are accused of being bitter, Why do you think that is?

Just now, not.done.yet said:

There are tons of people of working age that still have mercury fillings.

Wow, I have not seen nor heard of that in a while, just the age group of 65 and above..

Specializes in Critical Care; Cardiac; Professional Development.
Just now, Zaphina said:

I am not bitter. I am tired of the lack of human compassion. When ever someone shines a light on the dark, they are accused of being bitter, Why do you think that is?

I guess because they sound shrill and bitter.

It isn't a lack of compassion. It is the trade of nursing. If you miss a lot of work due to pain, you are going to get fired. If you show up and seem impaired, you are going to be tested and probably get fired. And that isn't always fair.

I am done. Best of luck Zaphina.

What I want to know what makes everyone think that taking one narcotic makes you that impaired that you can’t work? What kind of drugs are people taking? Percocet is not that strong. Idk I do not understand the slow mentality of any of this. All I can say is education is a blessing.

Specializes in Critical Care; Cardiac; Professional Development.

I have not seen that happen. What I have seen happen is people missing a lot of work due to pain or narcotic influence or who come to work, are perceived as being potentially impaired, get tested and then lose their jobs. I have also seen people who are a problem due to other things and that one thing open a door to legally get rid of them, though in truth it had little to do with it. A scapegoat, if you will. I have literally never seen one person get fired because they take Percocet. However, the BON in pretty much every state is clear - using a narcotic of any kind while caring for patients is outside the scope of practice. It isn't ignorance. It is literally a term of licensure. All the education in the world won't change that, unless you manage to change the requirements of being a licensed nurse.

4 hours ago, Zaphina said:

How do you pay your bills while your fighting a discrimination case. Narcotics do not make everyone that impaired, I mean people read a book. Learn something just because it sounds like the status quo- do not repeat it.

They put red tags on narcotic pill bottles for a reason. Do not operate machinery (Do not take care of patients), do not get behind the wheel of a car, etc... I don't make the rules, I just know what the people who have the power to ruin life as we know it think about the rules. Test positive and have that level show high enough to reflect a recent dosage and you will be screwed.

Specializes in Critical Care.

Unfortunately, nurses are people, not machines. MOST of the time, their injuries are caused by the profession. The “system” isn’t working for us, period and here’s a perfect example...I had a Crohn’s flare, while working as an ER nurse and was hospitalized, in the same hospital I worked in, for 15 days...I was released back to work, with the ability to perform as a functioning, ER nurse, again, in that same hospital, while prescribed Oxy 80/day, and 10/4hrs for breakthrough....and yes, I worked without incident for almost 6 months. I then took it upon MYSELF to come off ALL of the medication, without detox or missing any work....no sentinel events...no concern or issues with anyone....so please tell me, who actually gives a **** about us, unless it effects THEM in some way....the bottom line is as long as the facility stays off the radar, the scores are high and the money keeps rolling in, NO ONE cares....especially if you’re in a non-union state...believe me, I lived it...

Specializes in Critical Care; Cardiac; Professional Development.
On ‎5‎/‎31‎/‎2019 at 6:11 AM, LC0929 said:

Unfortunately, nurses are people, not machines. MOST of the time, their injuries are caused by the profession. The “system” isn’t working for us, period and here’s a perfect example...I had a Crohn’s flare, while working as an ER nurse and was hospitalized, in the same hospital I worked in, for 15 days...I was released back to work, with the ability to perform as a functioning, ER nurse, again, in that same hospital, while prescribed Oxy 80/day, and 10/4hrs for breakthrough....and yes, I worked without incident for almost 6 months. I then took it upon MYSELF to come off ALL of the medication, without detox or missing any work....no sentinel events...no concern or issues with anyone....so please tell me, who actually gives a **** about us, unless it effects THEM in some way....the bottom line is as long as the facility stays off the radar, the scores are high and the money keeps rolling in, NO ONE cares....especially if you’re in a non-union state...believe me, I lived it...

The key here is that you worked without incident. The post is in reference to someone who appeared impaired, whether due to being in that much pain or being on pain meds and unable to function without incident.

Um no, they are not controlled because they are habit-forming. Sure some drugs on list are, others are not. Drug scheduling laws were signed into law by Richard Nixon to aid law enforcement; they were in a panic over LSD which, at the time it hit the streets, there were no laws against, this coincided with Nixon declaring a war on drugs and the DEA was created to manage it drug scheduling (well, arresting those who ran afoul controlled substances act.


LSD got a schedule one status although there has not ever been a single death directly from the drug and I've yet to know of anyone getting addicted to it. Hallucinogens all seem to get one spot; marijuana, ecstasy et al club drugs. Controlled drugs don't have nicotine on the list nor is alcohol, must be lack of deaths associated with these ones...

Alprazolam is schedule 4, little addiction potential and 'mild' addiction while marijuana is schedule 1, 'cannot take a breath during a rock concert with getting addicted' and nobody, including a lawyer, has even googled this?

I don't use anything to alter my mood and can still see this is the most hypocrisy-riddled bill of self-serving goods everyone has been sold.

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