positive peth test in CA

[ericninetwo]

Hi all

Unfortunately I tested positive for alcohol through a blood (peth) test in CA while on probation. I was drinking non-alcoholic beer during this time and I have been on probation for less than 2 months so I believe that played a factor as well.

My file is going through the AG office. I've been told that I need to still abide by all the conditions of my probation (go to nurse support groups, check in daily with first lab, etc) but I find it silly that I still need to do all this while what I assume it will take MONTHS or even a YEAR to get a hearing for my license.

What can I expect to happen and how long will this take? Also would it be a good idea to get an attorney or will I get the same result anyway? This was a one time mistake and I feel as if I'm being unfairly punished. I know a positive result is a positive so I don't want to hear any negative comments. Just only what to expect and how I could expect to make my case stronger. I don't want to get any more years added if possible since I was less than two months in and I got selected for a blood test which is BS.

[SororAKS, ADN, RN]

I don't think it would hurt at all to retain an attorney, if you do get one experienced at dealing with the CA BON and is well versed on administrative law. I'd do it as quickly as you can. Per TOS on this forum I can't advise anyone specific and I'm not in CA. If it was me, I'd also not deal with the Board if you can help it directly, do so through your attorney.

It would make your case stronger if you abide by the conditions of your probation. The BON will expect that even if it does take them forever to get to your case. Admit what you did candidly and leave it at that. You made a mistake and you learned from it.

Hope this helps a bit. Keep us posted.

[ericninetwo]

Thank you for the insight. Just not sure if I want to drop a couple thousand dollars for an attorney when I know that in the end they are most likely going to say "don't do it again; here's your license but next time we'll take it away for good". I mean there's a reason why I still have to abide by the conditions of my probation right cause that would be so messed up if I keep doing all this and in the end they decide to just revoke it.

But yes you are right there is nothing I can do but continue to abide by the conditions of my probation. I'll keep ya'll updated.

[gabby3]

I dealt with California board and did not use a lawyer.

Can you still work? Is your licensed suspended? Did you not know that non-alcoholic beer has alcohol?

Usually you will get a letter from Attorney General Office(AG) of California board of nursing, regarding complaint of non compliant probation agreement. It will ask you to submit your side of the story. Then they will probably fine and or extend your probation agreement. I would get a lot of documentation of your sobriety and letters of recommendation from therapist and employers of your proof of safe and sober nursing.

I used to get positive etg test when not drinking etoh. I had to go to 3 total rehabs of false positive etg test back in 2006-2007 when low levels of etg was considered proof of drinking. They have increased the levels for incidental (hand sanitizer etc..)

I do know of nurses that there license were revoked due to non compliance of probation rules.

Do you usually have to get PEth tests for routine testing for probation? When I lived in California they just did urine drug/etg.

I know of nurses that got a letter from the AG office within 3 to 6 months. Some cases take up to a year. If you can still work with active license, do everything you can to keep compliant.

If you want to be a nurse do everything they ask.

Attorney's can help some cases. I do know that they always take things very serious. A lot of nurses are in probation for previous problems from the law 5, 10, and 20 years ago. Some of the nurses just had history of depression, with no alcohol/drug use in past. Probation requires every one to stay away from all mind altering substances, including alcohol.