Nursing Student Unlawfully Removed from School

[RobInAlabama]

hello,

i am or i was a nursing student until i was removed pending an appeal because i have a medical condition that requires i take a medication that is screened for in a random drug screen. i previously worked in the aircraft field. i am a usaf disabled vet who wants to work in the nursing field. by the way i was in the panama conflict (just cause) and the gulf war. i recieved several medals while on active duty and i am also listed in the national deans list. they removed me from my classes the day before veterans day. i was hoping i could find information about drug screening policies related to nursing jobs. i was told by the nursing staff at my college that all hospitals and clinics require that all nurses that have to take controlled substances at any dosage have to give up their jobs as nurses until they become free of any prescription that fall in the category of controlled substances that are in the classes that are screened for in a drug screen. i have been taking for close to 10 years a low dose of a medication for pain. i have been evaluated by my physicians and cleared to do all of the essential functions of a nurse. i have invested three years only to be told i should go into some other field of study. i know there are a number of nurses that feel pain medication is not the answer for chronic pain, but i have gone from being confined to a wheel chair to being able to keep up with my fellow nursing students because of a low dose of medication. i know pain can ruin lives and some people have lost their lives resulting from the use of medications, but each person is different. one reason i wanted to become a nurse was because of the encouragement of my pain clinic nurse to follow the treatment plan and never give up. if i loose my fight to become a nurse i can say the fact that i was spurred on to make something of my shattered life by this wonderful nurse i will still be a healthier and happier person because of the struggle. i know numerous pain patients who i have become friends with that have given up the fight to go on to be productive citizens because of the obstacles put up by some well meaning employers and educators. some of these people have lost their fight with pain and have to be continually dosed higher with pain medications just to be able to live. they also have to take numerous other medications because of the depression and the anxiety their condition causes.

thank you for listening,

rob

[Kelly_the_Great]

I am very fortunate to be attending a school of nursing that is teaching it's students there is a difference between narcotic use versus substance abuse. BIG DIFFERENCE.

I mean for heaven's sake, isn't pain supposed to be our 5th v/s? I just think the belief that just b/c someone is taking a narcotic (and at that one that is being prescribed by a practitioner) that it equates to impaired functioning is archaic! We wouldn't say a person w/ HTN has impaired functioning b/c their B/P was being controlled w/ the use of an antihypertensive and exp. no s/s of untoward S/E from that medication, would we?

And believe me, I am not espousing this belief b/c I am ignorant and have not been exposed to persons abusing narcotics or other substances. I have worked in pain management and in an ER and have definetly seen it (substance/drug seeking behaviors). Distinguishing the difference is where discernment and assessment comes into play.

Robert, I can't remember if I've seen you mention it or not but get your doctor to write you a letter of competency.

[Ms.RN]

robin,

can you find another nursing school? i'm sure there are plenty of nursing schools that are more than happy to have you. it seems like this school is too full of bs!!!

[Q.]

drug screens are in place to identify individuals who are taking drugs that have no rx. as far as i know when you test positive for a substance and there is a script in place you are covered. i do not remember being tested in school for any illegal substances because there is no reason to, you do not carry narcotic keys as a student and should be supervised in med prep and administration. so something is not right with the story or the action. what was the reason you all were tested?

agree with this.

[tlhubbard]

I only recall a background check (fingerprints) in school. And that was due to the fact we may have elderly or ped patients during clinicals. I believe that as long as your employer is aware of the prescriptions you are taking, then there is no problem. It's when the tests come back with something other than what you have been prescribed.

Stick to your guns with the school, and appealing their decision. I'd also look into another school, because it sounds like they could remain a thorn in your side.

I'd also work on getting at statement from any doctors involved in your care telling what they believe your abilities/limitations to be. That way it isn't your opinion against theirs.

Good luck!!

[RobInAlabama]

Hello Again,

Again I want to thank all who have taken their time to respond to my post. The schools around have set their GPAs so high that for me to apply now to another school would be close to impossible since I will be given a grade of "F" in all my current classes for this semester. The GPA required at this time to qualify is around 3.5 so I guess that to apply to another school will set me back ay least one year. The school here has explained that not only would a person in my situation be impaired at work because of the medication also, the fact I am taking a pain medication would cause me to divert medications for my own use. He also said people in my situation who have chronic pain will always be searching for some relief of pain. I asked him if a nurse who suddenly developes a painful condition would not be more likely to fall into his scenario than I would? This was the "Drug Control Officer" who expained this ideology to me. I asked him why would I have need to divert medication when I have a physician who is prescribing me the medication needed to control my pain. He responded that I could only be useing the medication because of my addiction. I need to add that this man did not always have this view of my situation. At the time of the initial drug screen that all my fellow students were required to take (at the very beginning of the semester) this same man told me to write down all the medications I am prescribed and he even took the medication I had in his hand and looked at it. When I asked if there would be a problem he responded that they were looking for students who were abusing drugs. He said you don't need to worry that there were other people in my same situation. As I recall now I was in a group that included some of the clinical instructors. It seems someone in the Nursing School has changed his view of looking at the situation.

Thanks again,

Robert

[grannynurse FNP student]

Unless they get federal funding and it goes against federal law. I am not sure that they can break federal law even if they do not accept federal funding. I don't know how private universities work.

I am sorry but I do not understand your comment. Are you saying, that under federal law, a college or university may not establish testing and standards regarding drug testing, irrespective of them being public or private? I may be wrong but that falls under state rights and is done all the time.

Grannynurse

[Kelly_the_Great]

I think the matter of state vs. federal law and the constitutionality would fall under the ADA (Americans with Disabilities Act) which is a federal law, which of course supercedes state law, especially if the state facility is receiving federal monies, i.e. pell grants, etc.

They can test all day long and that this is the right of the school, protected under state law. However, dismissal (or something that could be viewed as discrimination) of a student with a disability would fall under federal law.

Is this what you're saying, geekgolightly?

[RobInAlabama]

Agree with this.

Answer to questions.

At my school all students are given a drug screen. Then after, there is random drug screens all through out the course. I think I was target for a random screen because I let the drug control officer know my medications and the medications were wrote on the consent page I signed. I was told that the reason this was not addressed at the beginning of the semester was because the department head said I had cheated. She said since I knew the drug test was coming and that I quit taking my medication until I gave the sample and that the first sample was clean. I contend that if my sample was indeed clean of the pain medication that all the samples from the other approx 225 students were flawed. I was taking the EXACT same dose on both days. What bothers me is that just about every person that had to give-it-up for the random was eather a friend of mine or one who I had lab with and three of them sat next to me in class. The school also has in the drug abuse policy that they can call a student in for a test who sleeps in class or is tardy. There are several students who would regulary sleep in class that were not on the random list. Another thing I can recall is some of the ones who were called for the random test were like me in the fact we would be the last to finish our test in class. I cant really say what caused my name or the others to be called for the drug test. I know there are some who will read this story and think it is so outlandish it can not be true. I still cannot believe the school did what they did. I cannot recall but one instructor who didn't like me, I was never a trouble maker and I let everyone at this school know I loved to be there. I don't drink. I take a bath at least once a month weather I actually need it or not. But you will have to make up your own mind if I am trying to slip one by you when I say this did happen and that I am not a scumbag cocaine snorter or if I regulary shoot up marigawanna (I am a bad speller though). I did smoke some Rabbit Tobacco when I was a kid. All the kids on my block did. I think back to then and I think what our dads were calling rabbit ta-bak-ee was some sort of milk weed in the back yard. It tasted like poop although I don't actully know what poop taste like.

Thanks for all the interest,

Rob

[RobInAlabama]

the americans with disabilities act was enacted to keep disabled persons from being held back because of the aspects of their disability and not because to person cannot perform. there are a number of people who can do a great job although they may have some sort of disability. i have a friend who when he was in his 20's had a stroke that left him paralyzed on his left side. he wanted to go to college and because the people who made the decisions said he was not a canidate because his brain was without o2 for a time "his words" they said he could not learn. he went on and took out college loans and he is within one semester of finishing law school. he had to drop out because he ran out of money. i have encouraged him to go back to voc. rehab. and request they help him. i think it is sad he wants to be a lawyer though, but i still will do my best to encourage him. if you knew him like i do you would want him to continue too. he has learned all the lawyer jokes and he loves to tell them. oh, although he cannot move his left side he has had a job ever since he was able to rise from his wheel chair. he drives too, but i will never ride with him again! i want to do things that will keep me from having another panic attack. i don't ride with my son anymore either.

rob

[LoriAlabamaRN]

They did a drug screen at my school too, I think during the third semester. Just policy, I never thought twice about it.

[nicenurse911121]

Hi Rob, Im Tammy and it saddened me to hear your story, I have a son with a disability, please contact your state BON and the local veteran affairs, DON'T GIVE UP, this is discrimination. You may also qualify under ADA since your a disabled veteran. Please let me know how it turns out.

[grannynurse FNP student]

I think the matter of state vs. federal law and the constitutionality would fall under the ADA (Americans with Disabilities Act) which is a federal law, which of course supercedes state law, especially if the state facility is receiving federal monies, i.e. pell grants, etc.

They can test all day long and that this is the right of the school, protected under state law. However, dismissal (or something that could be viewed as discrimination) of a student with a disability would fall under federal law.

Is this what you're saying, geekgolightly?

I fall under the protection of the ADA. While a program is required, by law, to provide assistance, to me, in meeting my educational goals, they may still drug test me. And if found to have any substance, that is illegal, my %$& is grass.. And I would not be protected under the ADA. The protection is granted under the disability, not any legal or illegal drugs.

Grannynurse:balloons: