Not abusing, medicating

Published

I'm a 9yr lpn who has been on prescription pain medication for 12 years (1 laminectomy and 3 fusions)for chronic pain. Never had a problem before until my narc drawer came up short for 1 vico din (I didn't take it, I get sick from that)but had to do a drug test (positive for oxy and "opiates" (which was my morphine). I offered to pay for specific test but they denied me and fired me then reported me to BON. I wrote my letter of explanation but didn't get anything back in the mail until I got a letter of suspension saying I missed an order to have a PAS physical and/or mental exam. I never got the letter with the order. Now what? I went to school on this crappie and passed my boards Nd have never had a problem before! Help!

Up Vote Up Vote ×
Specializes in Registered Nurse.

I'm confused... If you have prescriptions for pain medication, what is the problem? You came up positive for opiates but if you have legal Rx I don't see why you would be reported for that. Need for details to clarify.

Up Vote Up Vote ×
Specializes in Educator.

I too am confused. If you have a current and legal prescription there should be no issue. Did you forget to tell us something here?

Up Vote Up Vote ×
Specializes in ER, TRAUMA, MED-SURG.

Can u request your BON to send u a copy of the order they are saying they sent u that you didn't respond to? I know in Louisiana when our RNP sent letters like that they were usually registered (where someone had to sign it) and a copy of that letter and order would have stayed in your file.

Can u speak with an attorney?

Anne, RNC

Up Vote Up Vote ×
Specializes in tele, ICU, CVICU.

what was the timeframe, from the med discrepancy, to fired, to employer reporting to the BON? Did they send it certified/receipt requested mail, or anything? I can't see how they can say you received something, which you didn't & your failure to act is now causing this license suspension. If they can't prove you received it, you should hopefully be able to get them to listen to you.

I agree with PP, speak with an attorney. Most will at least do an initial consult for free, if money is an issue.

Lots of members here have great input & advice, but need further info/clarification to have an accurate idea as to what to suggest. Utilize us/them (I don't know nearly as much as most!). Good luck, either way!

Up Vote Up Vote ×
Specializes in Adult Internal Medicine.

Do you have a valid script for oxycodone and morphine?

Up Vote Up Vote ×
Specializes in Critical Care.

It's possible that the facility doesn't allow opiate use with or without a prescription. I'm not sure where people get the idea that an employer can't prohibit the use of certain prescriptions on the job regardless of a valid prescription. Many employers chose to only screen for illegal use, but in safety sensitive occupations such as direct care nursing they can also chose to screen for any medication that they consider to be potentially impairing, even if the employee has a valid prescription.

Up Vote Up Vote ×
Specializes in PICU, Pediatrics, Trauma.
Can u request your BON to send u a copy of the order they are saying they sent u that you didn't respond to? I know in Louisiana when our RNP sent letters like that they were usually registered (where someone had to sign it) and a copy of that letter and order would have stayed in your file.

Can u speak with an attorney?

Anne, RNC

I agree with this advice. Definitely speak with an attorney. Something is missing in terms of your rights. Look through your paperwork in case you did receive the order and if not, by all means, get an attorney.

Up Vote Up Vote ×
Specializes in PICU, Pediatrics, Trauma.
It's possible that the facility doesn't allow opiate use with or without a prescription. I'm not sure where people get the idea that an employer can't prohibit the use of certain prescriptions on the job regardless of a valid prescription. Many employers chose to only screen for illegal use, but in safety sensitive occupations such as direct care nursing they can also chose to screen for any medication that they consider to be potentially impairing, even if the employee has a valid prescription.

Yes, but that would have had to be in her contract agreement. If not, then I think she has a case. At least in terms of not being prosecuted for theft of a narcotic.

Up Vote Up Vote ×
It's possible that the facility doesn't allow opiate use with or without a prescription. I'm not sure where people get the idea that an employer can't prohibit the use of certain prescriptions on the job regardless of a valid prescription. Many employers chose to only screen for illegal use, but in safety sensitive occupations such as direct care nursing they can also chose to screen for any medication that they consider to be potentially impairing, even if the employee has a valid prescription.

True, but that would have to be known by employee. and the fact that she has a script should help in her defense of theft.

Up Vote Up Vote ×
Specializes in Critical Care.

OP, in my state, their matrix says that basically not responding and/or failing to continue to respond is the worst sin of all. That may explain the suspension.

That being said, in my state any formal communication in writing from the BON is mailed using certified mail. That has a tracking number on it and you must sign for it. I can only assume it is to eliminate those that outright lie or have convenient memory lapses over communication with the BON. When I see the disciplinary actions in my state, they make it known that they sent communication via certified mail on xx-xx-xxxx . Can you ask them about this?

Additionally, you are sure the first/only communication from the BON didn't mention the assessments and their due date, regardless of your response?

Up Vote Up Vote ×
Specializes in Registered Nurse.
It's possible that the facility doesn't allow opiate use with or without a prescription. I'm not sure where people get the idea that an employer can't prohibit the use of certain prescriptions on the job regardless of a valid prescription. Many employers chose to only screen for illegal use, but in safety sensitive occupations such as direct care nursing they can also chose to screen for any medication that they consider to be potentially impairing, even if the employee has a valid prescription.

Even if that's the case, it still doesn't explain why she would be reported to the board.

Up Vote Up Vote ×
+ Join the Discussion