Nurses General Nursing
Published Apr 22, 2015
I was just wondering, in states where pot is legal, does that mean health care workers don't get drug tested? Are health care workers allowed to test positive for pot? Thanks for the information.
VivaLasViejas, ASN, RN
22 Articles; 9,996 Posts
My state recently legalized marijuana (although it's not official till July 1st). I am unaware of any law that says it's OK to indulge and work as a nurse, and I don't think that will change for the foreseeable future. Maybe someday, but certainly not in the working lifetime of nurses my age.
MassED, BSN, RN
2,636 Posts
I disagree. I think once it's federally legal, institutions will implement parameters of what is a positive result on a drug screen, knowing THC can stick around after use (and not be high while on the job.) I think the time is nearer than we all think. I don't care if people use it, just don't want anyone not without clear judgment at work (which, by the way includes prescription meds that interfere with judgement as well!).
toomuchbaloney
14,191 Posts
IMV, employers in most states may terminate you for any reason they prefer at anytime they prefer.
If you think you might be drug tested, don't smoke pot.
In this state some employers (BANNER in Fairbanks) will report to the BON a nurse who tests positive for marijuana while others won't. It is really dependent upon the corporate culture...some want to control the personal lives of employees (mostly punatively) and others not so much.
Nursynursenurse, ADN, RN
114 Posts
No. Again, regardless of marijuana's legal status, testing positive while on the job could be considered working while under the influence, which is a no no regardless of if the substance is legal or not. As others have pointed out, alcohol is legal for all those over 21 and if you are found to have alcohol in your system while on the job, you will face termination and being reported to the BoN.
It is not considered working under the influence if you have a prescription for the medication. Of course that depends on which drug is being tested. The harder drugs that have no legal use would be excluded. Not sure where marijuana stands.
If a drug is found positive in the initial test, it is considered presumptive positive and sent to another lab for confirmation. If its still found under the different methodology they use for testing, a medical review officer will call you. If you have a prescription, they will tell you what to do. Go back to the testing place and have them make a copy of you prescription bottle. The results are held until you do this. Once they have proof of your prescription, the result comes back "negative" to your employer. I know this procedure well because I was taking a prescribed controlled substance and knew it would show up. They aren't quick to send out "positives" to avoid lawsuits. Again, marijuana even in legal states might mean an automatic fail. I have no clue what their policy is on that.
Meriwhen, ASN, BSN, MSN, RN
4 Articles; 7,907 Posts
I don't care if people use it, just don't want anyone not without clear judgment at work (which, by the way includes prescription meds that interfere with judgement as well!).
This. If one REALLY wants to indulge in the wacky backy for whatever reason, it's not my concern...unless you're my coworker AND show up for work stoned/drunk/out of it.
Farawyn
12,646 Posts
It is not considered working under the influence if you have a prescription for the medication. Of course that depends on which drug is being tested. The harder drugs that have no legal use would be excluded. Not sure where marijuana stands.If a drug is found positive in the initial test, it is considered presumptive positive and sent to another lab for confirmation. If its still found under the different methodology they use for testing, a medical review officer will call you. If you have a prescription, they will tell you what to do. Go back to the testing place and have them make a copy of you prescription bottle. The results are held until you do this. Once they have proof of your prescription, the result comes back "negative" to your employer. I know this procedure well because I was taking a prescribed controlled substance and knew it would show up. They aren't quick to send out "positives" to avoid lawsuits. Again, marijuana even in legal states might mean an automatic fail. I have no clue what their policy is on that.
I used to work Employee Health (By the way, best job ever!) We have sent many an employee home for "fitness for duty" issues. ALL for legal, Dr. prescribed meds.
MunoRN, RN
8,058 Posts
Working under the influence is working under the influence regardless of prescription. There's of course nothing magical about a prescription that alters the effect of the medication to negate it's adverse effects.
As for testing, it all depends on what the employer chooses to test for, and they are not limited to testing for only illicit or non-prescribed drug use in "safety-sensitive" jobs such as direct care nursing. If the employer chooses to include certain medications, even with a valid prescription, the the MRO will return the test as "positive" if that drug turns up, regardless of whether or not the person has a valid prescription.
NurseGirl525, ASN, RN
3,663 Posts
I don't honestly know how THC is handled with a prescription. When a person is drug screened and they come up positive for a substance, the company calls you and you take a picture of the bottle showing you had a script at the time. It has to be the bottle dated for that month. You email them the proof you had a script, then they change the test to a negative. The employer never knows that a person came up positive if they have a legal script. It's probably a HIPAA violation for them to know I am thinking. Alcohol and Nicotine are not scripts and don't have privacy laws attached to them. So if someone has a script for it, I'm not sure how that is used, but with other medications, the employer never knows.
blondy2061h, MSN, RN
1 Article; 4,094 Posts
I don't understand needing a script bottle dated for that month. I take a PRN opiate (never on a work day) and I get 120 pills as a month's supply, as I'm allowed to take it up to every 6 hours. I use maybe 7 a month, so as you can imagine, rarely require a refill.
NRSKarenRN, BSN, RN
10 Articles; 18,675 Posts
Concur with Farawyn, RN:
Even if one has a current vaild RX for a medication, and the side effects impair a person's work performance, under fitness for duty you can be sent to employee health, then home and employee termination ensues if repeat issue.
Check your employee manual/policy for specific fit for duty standards. Those struggling with drug/alcohol can request assistance via Employee Assistance Program (EAP) for drug detox. If sent to work care and + drug screen for illicit drug or alcohol, most employer's terminate as no obligation to provide drug detox as impaired on the job.
RNsRWe, ASN, RN
3 Articles; 10,428 Posts
Yep. Being "fit for duty" entails being able to perform the physical and mental functions of the job without impairment. If the only way someone can perform the functions of his or her job is to be on narcotic painkillers.....that person is NOT ready to resume his or her job duties. And won't be cleared to return until the need for those (presumably temporary) pain meds is gone. It becomes a permanent impairment? Then the individual's future in that position will be reassessed, and either reassigned or terminated.