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.

If you are wanting to argue the validity of drug schedules, that would be a completely different topic.

What is being discussed here is the appearance of being altered at work, the presence of an known altering substance found on drug screen and the inability of an employer to definitively know whether or not someone is altered outside of those two parameters. It has nothing to do with how marijuana or any other drug is categorized or whether any drug is appropriately categorized. It has to do with a person having behaviors at work that caused suspicion for being under the influence and then testing high positive.

If you want to argue about the rest of it, there are plenty of other threads about that, or you can start a new one, but all it does here is muddy the waters.

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I opined however that does not mean I am not at liberty to correct an erroneous statement...

The individual asked something of someone with an advanced degree, I expect that answer to be factual.

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Thank you for speaking up. For a moment there I was responding to machines. I have different health issues, but same here, able to take medication with no problems whatsoever, commendable for voicing your story.?

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I thought I was responding to machines*

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The key here is she “APPEARED” impaired. She was not impaired ....her symptoms of her migraine made her look “IMPAIRED” WHICH SHE was not. Symptoms made her look that way...the side effects of having your head crushed by an imaginary bowling ball, and torched with a hot poker in your temple, with an intense light shining in your eye (s) at the same time, ..all while feeling like you might vomit all over the person asking you —are you on drugs-. She took her prescription and sat down to get better.. and someone who apparently has absolutely no pain or discomfort at all... made an erroneous decision to say she was impaired. That is the KEY PEOPLE... and no I am not bitter.... I am someone that suffers with chronic pain in many forms... clearly tired of those that do not know.. telling those of us that do know.. which way to go and what to do when we get there! As the elderly say, do not not speak on something you do not know anything about, you are only showing everyone what an a... you are. The donkey is in the barn.

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Specializes in Critical Care; Cardiac; Professional Development.

How can they prove it was the appearance of impairment but not really impairment? The only tool modern medicine has right now is drug screening, which showed the presence of narcotics. There is literally nothing else to go on. When a choice has to be made, the patient wins every time. This is as it should be. As far as chronic pain and the like, a lot of ignorant assumptions are being tossed about. You know nothing of me, my medical history or that of the individuals responsible for those hard decisions. The idea that the only way one could come to the decision they did is if they do not themselves suffer any chronic pain is a complete, utter falsehood.

Sobre, I am not sure what you are referencing I presented as factual but isn’t. Can you quote me?

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Specializes in Critical Care.

The whole thing is ridiculous...as nurses we have all been in the trenches....and ANY coworker who had a hair across their ***for someone, can “report” them for “appearing” impaired....even for something as simple as a nurse tripping over something because he/she went to the gym before work and it was leg day.....when does this end? If we don’t help each other, we are seriously going down a very slippery slope....and BTW....who tests the folks in the ivory tower? I’m willing to bet that there’s some golf/Bridge being played, complete with extra dry martinis....but what do I know.... I’m “just a nurse”.....

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Specializes in Critical Care; Cardiac; Professional Development.

I am unsure what “help each other” would look like in this scenario. If the person appears impaired and tests hot.... I am unaware of anything else that would equate to a decision in which both the nurse in question and the patients both get the benefit of the doubt.

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6 hours ago, not.done.yet said:

How can they prove it was the appearance of impairment but not really impairment? The only tool modern medicine has right now is drug screening, which showed the presence of narcotics. There is literally nothing else to go on. When a choice has to be made, the patient wins every time. This is as it should be. As far as chronic pain and the like, a lot of ignorant assumptions are being tossed about. You know nothing of me, my medical history or that of the individuals responsible for those hard decisions. The idea that the only way one could come to the decision they did is if they do not themselves suffer any chronic pain is a complete, utter falsehood.

Sobre, I am not sure what you are referencing I presented as factual but isn’t. Can you quote me?

I'm not quoting you. I am referring to attorney Lorie who answered the question on page one.

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Specializes in Critical Care; Cardiac; Professional Development.

What?? It isn't all about me? ;)

Laughing at myself. Thank you for clarifying.

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On 6/4/2019 at 7:02 AM, not.done.yet said:

What?? It isn't all about me?

Laughing at myself. Thank you for clarifying.

Anytime! I did mention I was referring to a lawyer not googling this ?

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Specializes in Critical Care.

Well, alright then....consider this for a quick minute....how many of us have worked with colleagues who were extremely obese and/or close to retirement, and possibly not the first one on the scene of an emergent situation, due to their physical condition? One could argue that they also work “impaired” if they are having a rough day....my point is this....there are enough nurses who have worked and continue to work, GENUINELY impaired....the nurses that are truly addicts.....the ones who, for instance, use a syringe to pull fentanyl out of a patch on a dying patient to feed their addiction....yes, it happens....my question is should all of these nurses be judged and treated the same across the board? I don’t think so.... I firmly believe that addiction and treatment have become big business and that is why they push for IPN or something similar....if the states had to fork over the cash to treat their impaired licensees, I think you hear the brakes squealing throughout the entire country....just my opinion....

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