New to testing recovery trek help

Healer555 · May 26

SheelaDavis said:

1. A nurse on duty at an ER can't disclose your private health information to a monitoring agency or the BON without your consent. That's not just a crime. It's a civil liable action on that nurses part. So for starters, you have a case with that nurse.

2. The test in the ER could have been thrown out with an attorney. It's likely not based on proper chain of custody and the entire thing could have been challenged IF you would have got an attorney early on in the process. Now that the BON knows you, forget about that. Too late.

3. WHY? Why would you disclose to ANY other HUMAN being that you are a nurse when you are about to take a drug test in ANY setting that has the small chance of being positive? WHY? You see how that went for you? Not well. NEVER tght ell ANY human you are a nurse, period. No matter how proud you are or how active you are in the profession, don't disclose it to anyone.

Example for Any Nurses Reading This. A nurse is traveling from Maine to the Florida Keys on Vacation and is at an awesome bar and grill located on the ocean in the Florida Keys with an awesome live band playing. Your waitress sees that you are getting a little tipsy (like everyone else having fun). Your waitress is also the sister of another nurse ( who lives there locally) who just so happens to be hanging out and having a good time in that same bar. You get into an argument with your waitress as you are paying your bill over the exact cost of your tab. You finally resolve the tab/bill and head out of the bar.

That waitress is PISSED at you. She also tells her sister about it who is still hanging out in the bar and her sister is very protective. Her sister gets YOUR name from the Bill/Tab and the waitress tells her sister that you were Rude, Nasty, Mean, and being an A-Hole, and that you are an RN (because you felt the need to disclose it to everyone because of your EGO). What does the vindictive sister in the bar who is also a nurse do? She awakens the next morning, looks you up, finds what state you are licensed in (easy to do, takes 2 minutes) and goes to that BON website, makes a couple clicks of the mouse to file a complaint. 6 months or 10 months later, you are answering questions with your BON and heading for an eval. See how easy that is? KEEP your MOUTH SHUT. Tell nobody you are a nurse in public. Rnemj (I am not talking about your personally in this example. I am talking about any and all nurses who might be reading this (including myself) regarding advice when in public.

Rnemi, you are the victim of a corrupt system that has far to ismuch power and it's sad these fools can do this stuff and get away with it.

1 is NOT true. We don't have HIPAA rights. It falls under danger to others. It's not right but it's the way it is. Tons of doctors nurses etc are reported this way. Doesn't matter that it didn't happen at work. Any provider decides you're an addict they can report you and HIPAA doesn't apply.

SheelaDavis · May 27

Depends on the state. Most states DO have reporting requirements for certain professionals like nurses in which the ER Nurse technically is SUPPOSE to report and by law, should report based on the situation above. However, some do not and in these cases, it's a federal crime to disclose this to a state board of nursing from an ER setting. Especially when the nurse is not on duty. Yes, many nurses are reported this way, but because many nurses are reported this way doesn't make it OK legally, but of all those nurses that are reported that way, very few lawyer up early on and fight the chain of custody from the ER.

For example, the ER nurse has to have her ducks in a row legally. A nurse coming in for an infection who tests positive for opiates. The nurse is not on duty. The nurse has surgery 1 week ago on her leg and is prescribed oxycodone. The nurse is on 6 weeks of convalescent leave from work to heal up from surgery. The nurse gets reported for a positive opiates test done in the ER by a simple urine dip stick 10 panel drug test. The above incident is not technically reportable, even for healthcare providers. A lawyer can have a field day with the above situation. But again, most nurses who are open and willing to share with the world and scream in public that "I am a nurse" are usually the same ones that don't get a lawyer involved early in the process.

RNemj · May 27

SheelaDavis said:

Depends on the state. Most states DO have reporting requirements for certain professionals like nurses in which the ER Nurse technically is SUPPOSE to report and by law, should report based on the situation above. However, some do not and in these cases, it's a federal crime to disclose this to a state board of nursing from an ER setting. Especially when the nurse is not on duty. Yes, many nurses are reported this way, but because many nurses are reported this way doesn't make it OK legally, but of all those nurses that are reported that way, very few lawyer up early on and fight the chain of custody from the ER.

For example, the ER nurse has to have her ducks in a row legally. A nurse coming in for an infection who tests positive for opiates. The nurse is not on duty. The nurse has surgery 1 week ago on her leg and is prescribed oxycodone. The nurse is on 6 weeks of convalescent leave from work to heal up from surgery. The nurse gets reported for a positive opiates test done in the ER by a simple urine dip stick 10 panel drug test. The above incident is not technically reportable, even for healthcare providers. A lawyer can have a field day with the above situation. But again, most nurses who are open and willing to share with the world and scream in public that "I am a nurse" are usually the same ones that don't get a lawyer involved early in the process.

Well I wasn't informed initially I was able to have a lawyer. I am currently looking for an attorney specialized in this, especially if they are restricting me based on a medical health condition that they dug through my medical records for.

SheelaDavis said:

Depends on the state. Most states DO have reporting requirements for certain professionals like nurses in which the ER Nurse technically is SUPPOSE to report and by law, should report based on the situation above. However, some do not and in these cases, it's a federal crime to disclose this to a state board of nursing from an ER setting. Especially when the nurse is not on duty. Yes, many nurses are reported this way, but because many nurses are reported this way doesn't make it OK legally, but of all those nurses that are reported that way, very few lawyer up early on and fight the chain of custody from the ER.

For example, the ER nurse has to have her ducks in a row legally. A nurse coming in for an infection who tests positive for opiates. The nurse is not on duty. The nurse has surgery 1 week ago on her leg and is prescribed oxycodone. The nurse is on 6 weeks of convalescent leave from work to heal up from surgery. The nurse gets reported for a positive opiates test done in the ER by a simple urine dip stick 10 panel drug test. The above incident is not technically reportable, even for healthcare providers. A lawyer can have a field day with the above situation. But again, most nurses who are open and willing to share with the world and scream in public that "I am a nurse" are usually the same ones that don't get a lawyer involved early in the process.

Also all you guys saying I walk around screaming "I'm a nurse". The registrar asked my occupation. I didn't think anything of it considering what type of person reports someone for a single failed drug test in an emergency setting out of work. Trust me, I'm currently requesting my medical records to dig through every inch of charting to see what I can hit that APRN back with - 2 can play that game.

Healer555 · May 27

RNemj said:

Well I wasn't informed initially I was able to have a lawyer. I am currently looking for an attorney specialized in this, especially if they are restricting me based on a medical health condition that they dug through my medical records for.

Also all you guys saying I walk around screaming "I'm a nurse". The registrar asked my occupation. I didn't think anything of it considering what type of person reports someone for a single failed drug test in an emergency setting out of work. Trust me, I'm currently requesting my medical records to dig through every inch of charting to see what I can hit that APRN back with - 2 can play that game.

Are you taking legal action against the person who reported you?

I wish you well. I'd love for you to have a good outcome but I think it's unlikely. I'm guessing you weren't taking something prescribed to you. They can look that up.

In the future whenever you get medical care do not tell them what you do for a living.

After this is over I'm getting all new doctors and I'll say I'm in a totally different field. I've known people reported for a bad attitude as a patient by smarky nurses that got a paych diagnosis and a monitoring agreement.

SheelaDavis · May 27

Healer555 said:

Are you taking legal action against the person who reported you?

I wish you well. I'd love for you to have a good outcome but I think it's unlikely. I'm guessing you weren't taking something prescribed to you. They can look that up.

In the future whenever you get medical care do not tell them what you do for a living.

After this is over I'm getting all new doctors and I'll say I'm in a totally different field. I've known people reported for a bad attitude as a patient by smarky nurses that got a paych diagnosis and a monitoring agreement.

Good advice.

RNemj, beat wishes. I still think you might have a case against the reporting person. You can have a lawyer at any time. That's your constitutional right. I'm not referring to you personally claiming about your occupation. I'm referring to anyone, any nurse reading this forum to be careful about occupation discloser. You did nothing wrong and got screwed by a corrupt system.

RNemj · Jun 5

Healer555 said:

Are you taking legal action against the person who reported you?

I wish you well. I'd love for you to have a good outcome but I think it's unlikely. I'm guessing you weren't taking something prescribed to you. They can look that up.

In the future whenever you get medical care do not tell them what you do for a living.

After this is over I'm getting all new doctors and I'll say I'm in a totally different field. I've known people reported for a bad attitude as a patient by smarky nurses that got a paych diagnosis and a monitoring agreement.

Not legal action because she reported me. The whole treatment during my time at the hospital - forced into inpatient psychiatric for 5 days because of concern ( really just no attending provider on duty), no actual treatment during the stay, and then discharged with no follow up (despite the massive concern that had me involuntarily committed). Even the person at HAVEN and the therapist they sent me to were appalled at that whole treatment. Unfortunately the fact still stands that I had a singular positive drug screen. Oh, the hospital reported me to dcfs for this as well! I wasn't even caring for or in the presence of my children during the event.

I will do my best to ensure those people burn in hell.

Healer555 · Jun 5

RNemj said:

Not legal action because she reported me. The whole treatment during my time at the hospital - forced into inpatient psychiatric for 5 days because of concern ( really just no attending provider on duty), no actual treatment during the stay, and then discharged with no follow up (despite the massive concern that had me involuntarily committed). Even the person at HAVEN and the therapist they sent me to were appalled at that whole treatment. Unfortunately the fact still stands that I had a singular positive drug screen. Oh, the hospital reported me to dcfs for this as well! I wasn't even caring for or in the presence of my children during the event.

I will do my best to ensure those people burn in hell.

Good luck. This is another reason you don't disclose anything about you at work. They have no need to know if you have kids.

RNemj · Jun 5

Healer555 said:

Good luck. This is another reason you don't disclose anything about you at work. They have no need to know if you have kids.

I wasn't at work, I went to an emergency room for treatment. Again, the problem isn't me giving information about myself, it's these people with God complexes hiding under the mandated reporter excuse.

SheelaDavis · Jun 5

RNemj said:

I wasn't at work, I went to an emergency room for treatment. Again, the problem isn't me giving information about myself, it's these people with God complexes hiding under the mandated reporter excuse.

What Healer is saying is not just for you Rnemj, it's for any nurse reading this forum. Of course you giving info about yourself isn't the problem and nobody is saying that. The problem is that there are nurses who WILL take advantage. I'm sorry this happened to you. The point being made is for all nurses reading this in the future......and we all live and learn.......but do everything in your power to NOT disclose to anyone in the public that you are a nurse. Why? Bad people that try to take advantage and there's enough of them out there that will do it. The nurse and staff checking you in and taking care of you in the ER should have protected you and not made any calls, but again.....it only takes one bad apple.

As for you wishing those that wronged you to "burn in hell," I would try to change that thinking. You are stooping to their level if you do that and revenge always ends up hurting the person seeking it in some form or fashion, even if it hurts the person you are seeking it on. Now, that's not to say you don't have a legal case. If your rights were violated and an attorney takes your case, then there's nothing wrong with pursuing it.

RNemj · Jun 5

SheelaDavis said:

What Healer is saying is not just for you Rnemj, it's for any nurse reading this forum. Of course you giving info about yourself isn't the problem and nobody is saying that. The problem is that there are nurses who WILL take advantage. I'm sorry this happened to you. The point being made is for all nurses reading this in the future......and we all live and learn.......but do everything in your power to NOT disclose to anyone in the public that you are a nurse. Why? Bad people that try to take advantage and there's enough of them out there that will do it. The nurse and staff checking you in and taking care of you in the ER should have protected you and not made any calls, but again.....it only takes one bad apple.

As for you wishing those that wronged you to "burn in hell," I would try to change that thinking. You are stooping to their level if you do that and revenge always ends up hurting the person seeking it in some form or fashion, even if it hurts the person you are seeking it on. Now, that's not to say you don't have a legal case. If your rights were violated and an attorney takes your case, then there's nothing wrong with pursuing it.

True, I'm just a little touchy because I haven't done anything wrong - with my kids or work - never have I been impaired around either, I made a one time mistake. I am currently looking for investigative journalists to look into these programs ( I am specifically in ct). I'm concerned with the financial coercion, the monetary kickbacks (only being allowed to see their chosen evaluators and pay out of pocket), and the overall structure of the organization.

If anyone else would like to give an anonymous testimonial, I'm sure it would help!

Healer555 · Jun 5

RNemj said:

True, I'm just a little touchy because I haven't done anything wrong - with my kids or work - never have I been impaired around either, I made a one time mistake. I am currently looking for investigative journalists to look into these programs ( I am specifically in ct). I'm concerned with the financial coercion, the monetary kickbacks (only being allowed to see their chosen evaluators and pay out of pocket), and the overall structure of the organization.

If anyone else would like to give an anonymous testimonial, I'm sure it would help!

Can I ask what you tested positive for?

When I'm done with this, I'll get a new and much better job , I'll be pleasant and polite but no need to disclose anything personal.

Same at the doctor's office. I am independently employed, no kids. I won't show that I have any Healthcare knowledge.

RNemj · Jun 6

Healer555 said:

Can I ask what you tested positive for?

When I'm done with this, I'll get a new and much better job , I'll be pleasant and polite but no need to disclose anything personal.

Same at the doctor's office. I am independently employed, no kids. I won't show that I have any Healthcare knowledge.

Fentanyl, which I believe came from laced marijuana as smoking led to the ER which produced a positive test. I've backed my claim up with a negative hair follicle test. However, after obtaining 10 years of my medical records they now state they are concerned for my frequent ER visits related to my seizure disorder. That's a protected disability and has never once caused an issue, complaint, or even a raise of concern from anyone at work.

However, much like dcfs I can see they will take anything and run with it and twist it. You can't get an unbiased assessment because they require you to go to one of their 2 choices of doctors - and this is my concern about the program as a whole.

I've been in a family recovery program with dcfs for 2 months now (which I entered to try and further bolster my claims). Not a single positive urine (3x a week), and their therapists who meet with me for 3 hours a week refuse to diagnose me with a substance use disorder despite DCFS pressuring them too. Apparently though all of this counts for nothing because it doesn't fit DCFS or HAVEN narratives.

Corruption at its finest.