Published Saturday
yellow_tulips
3 Posts
I'm a registered nurse who tested positive for a pre-employment drug test. I'm a traveling nurse who just came from New York to pick up and assignment in Texas. I did pre- employment screening and the urine testing came back clean, I was ready to start with no issues. The night before my orientation, I was stressed out and could not sleep well so I took CBD edibles to help me relax and fall asleep. The morning of orientation, they took us to employee health and said that it's hospital policy they test onsite again. I had no idea. I came up positive for THC, got let go from my assignment, got let go from the traveling agency, and the employer is now going to report me to the board of nursing. What could be my outcomes? I never had any offense before, I never in my life even thought about coming to work high, I don't smoke weed. I'm so lost and I don't know what to do or how to prepare if the medical review officer calls me
NurseJackie69
107 Posts
Listen Carefully to Me and Personal Message me if you have questions.
1. Immediately today, go online to one of several Google sites that you can order your own drug test. Google the words, "order my own drug test." Get exactly the following. Get a hair test and a nail test that tests for a basic 5 panel screen of which one of them is THC.
2. Go Tuesday or at least by next Friday when the labs are open and get your test.
3. Get a lawyer IN TEXAS that IS a nurse. Google "nurse attorneys" in Texas. There are websites that list nurses who are also attorneys for each state.
4. Tell the attorney what happened. Give attorney the results of drug test.
5. Schedule Tuesday after the Holidays YOUR OWN SUD eval at a respectable place. Do not wait and leave it up to the BON. Get your own SUD eval, bring the negative tests results of Hair and Nail with you to the eval. Get results of eval and give to attorney, and have SUD eval sent directly from the eval place to your attorney. Call Tuesday to schedule eval. This can take 1, 2, sometimes 3 weeks to get an eval appt so call Tuesday.
6. Once you go through an attorney you have to wait on the BON investigation and an attorney will guide you on what to say to the investigators from the BON. The investigators WILL reach out and that can be in 4 weeks or 12 months....yes....12 months before they get in contact with you.
7. I'm going to repeat this and I'm warning you deeply and can NOT repeat this enough! Get your own hair and nail test IMMEDIATELY. Get the SUD eval immediately. I'm going to warn you yet again.....GET the hair and nail test Immediately and get your own SUD eval immediately.
8. Is paragraph 7 clear? Read it again.
9. How many nurses across the USA have a negative hair and nail test and a Negative SUD eval BEFORE the BON investigators ever speak with you? It's about 1 in 200. This makes you DIFFERENT. It shows your lawyer you are legit and they go to bat for you and think you aren't just "another addict." It also tells the BON investigators that you mean business and people not using would likely not rush out and get two major drug tests and a complete SUD eval. It's so powerful that if you have a negative hair and nail test and a negative SUD eval and an attorney BEFORE the BON investigators ever call you, there's a reasonable chance they back down and give you a warning and don't pursue it. When the investigators call you, tell them you need their email and why you are talking On The Phone with them, email them your negative hair and nail and SUD eval and have them verbalize to you that they received it. Imagine how alarming that would be for an investigator to have a bunch of negative results Before you even tell what happened? It's powerful and alarming. Investigators are legal people. They know the power of having EVIDENCE in your favor before a conversation even begins.
10. If you do all of the above, it's 50-50 that the Texas BON will make you go for their own BON approved facility for their very own SUD eval. If you don't do steps 1 through 9, it's 100 percent certain that you WILL end up going for an SUD eval approved by the Texas BON and these places LOVE to falsely diagnose you with an SUD so you will have to go into monitoring and pay Texas lots of money over the next 3 years, or possibly 5. Even if you have to go for their BON approved SUD eval, you will come armed with data and evidence as you already have a previous SUD eval and two negative drug tests and this is Powerful. It makes them think twice about giving you a fake diagnosis.
11. If your play the REACTING nursing game instead of the PROACTIVE nursing game, you are done and will likely end up in monitoring in Texas. What does that mean? Reacting means......you let time go by to "see what the BON does," or "wait until the investigators call" and you think your honesty and truthfulness will matter and convince them to let this go. THEY won't! Do NOT let time pass by where it's a month or two months that goes by before you get a Negative Hair and Nail Test. The investigators and Texas BON SUD approved place will say, "you might be negative with our tests today, but 2 months ago you tested positive and enough time has gone by for you to test negative now." It's absolutely CRITICAL that you get tested for hair and nails ASAP or more like...STAT... next 5 days.
12. If...If the Texas BON says you have to go to their approved SUD eval place, that eval place or the Texas investigators or BON might try to say and likely will say that the SUD eval you got on your own and the negative hair and nail tests "don't count" because they didn't approve them. It DOES NOT MATTER what they approve because if you have a negative SUD eval that you get on your own in the next few weeks and a negative hair and nail test that occurs soon after the event, your lawyer can EASILY fight this and the BON will likely relent and you are let off with a warning and nothing is public. If the BON fights it, your lawyer can get it to the level of an administrative law judge and the judge Decides if the tests and your own Eval are valid and the Judge will allow it and you win.
13. Think about this if YOU are an SUD evaluator and a nurse walks in to you, and your first interaction is that she hands YOU (the evaluator) a recent negative hair and nail test and a recent SUD eval that's negative and you also let the evaluator know your attorney has copies. Will you not think twice about a bogus diagnosis and giving a diagnosis of SUD? Of course you would.
14. If.....if you let time go by and you don't do the hair and nail test, the odds go up in favor of the BON. If you don't get your own SUD eval, the odds for the BON go up. In this situation without an attorney, the BON winning odds and you ending up in monitoring go up.
15. A negative hair and nail test in the next 10 days and a negative SUD eval in the next 14 to 20 days and hiring an attorney in the next 10 days pushes your odds completely through the roof in your favor.
You asked for advice and help. I gave it to you. I want you to read one critical last thing and I pray that no fool convinces you otherwise....GET your own hair and nail test (BOTH of them) in the next 10 days and your own SUD eval in the next 20 days and do not let ANYONE talk you out of it.
All of the above is expensive Option 1 is/will cost around 10 to 13 grand approximately for the attorney approximately, 2 drug tests, and SUD eval. The losing result option 2 will cost you possibly up to 40 to 50 grand from 3 to 5 years of monitoring, drug tests, stress, monthly recovery fees, fines by the Texas BON, the Texas BON approved SUD eval, lost wages, etc. I would choose option 1.
The worst mistake you will make in your life in my opinion is If you Wait and do not get the hair and nail test and your own SUD eval in short time. Mark the above sentence down and revisit it in one year. That decision above will be the overwhelming factor as to whether the BON gives you a simple warning versus years of monitoring and your license in trouble.
Hope this helps
chare
4,335 Posts
And, in addition to the excellent advice @NurseJackie69 gave you above, I would suggest not discussing this further with anyone other than your counsel.
If you are unable to locate a nurse attorney in your area, The American Association of Nurse Attorneys is an excellent resource.
Best wishes.
NurseJackie69 said: Listen Carefully to Me and Personal Message me if you have questions. 1. Immediately today, go online to one of several Google sites that you can order your own drug test. Google the words, "order my own drug test." Get exactly the following. Get a hair test and a nail test that tests for a basic 5 panel screen of which one of them is THC. 2. Go Tuesday or at least by next Friday when the labs are open and get your test. 3. Get a lawyer IN TEXAS that IS a nurse. Google "nurse attorneys" in Texas. There are websites that list nurses who are also attorneys for each state. 4. Tell the attorney what happened. Give attorney the results of drug test. 5. Schedule Tuesday after the Holidays YOUR OWN SUD eval at a respectable place. Do not wait and leave it up to the BON. Get your own SUD eval, bring the negative tests results of Hair and Nail with you to the eval. Get results of eval and give to attorney, and have SUD eval sent directly from the eval place to your attorney. Call Tuesday to schedule eval. This can take 1, 2, sometimes 3 weeks to get an eval appt so call Tuesday. 6. Once you go through an attorney you have to wait on the BON investigation and an attorney will guide you on what to say to the investigators from the BON. The investigators WILL reach out and that can be in 4 weeks or 12 months....yes....12 months before they get in contact with you. 7. I'm going to repeat this and I'm warning you deeply and can NOT repeat this enough! Get your own hair and nail test IMMEDIATELY. Get the SUD eval immediately. I'm going to warn you yet again.....GET the hair and nail test Immediately and get your own SUD eval immediately. 8. Is paragraph 7 clear? Read it again. 9. How many nurses across the USA have a negative hair and nail test and a Negative SUD eval BEFORE the BON investigators ever speak with you? It's about 1 in 200. This makes you DIFFERENT. It shows your lawyer you are legit and they go to bat for you and think you aren't just "another addict." It also tells the BON investigators that you mean business and people not using would likely not rush out and get two major drug tests and a complete SUD eval. It's so powerful that if you have a negative hair and nail test and a negative SUD eval and an attorney BEFORE the BON investigators ever call you, there's a reasonable chance they back down and give you a warning and don't pursue it. When the investigators call you, tell them you need their email and why you are talking On The Phone with them, email them your negative hair and nail and SUD eval and have them verbalize to you that they received it. Imagine how alarming that would be for an investigator to have a bunch of negative results Before you even tell what happened? It's powerful and alarming. Investigators are legal people. They know the power of having EVIDENCE in your favor before a conversation even begins. 10. If you do all of the above, it's 50-50 that the Texas BON will make you go for their own BON approved facility for their very own SUD eval. If you don't do steps 1 through 9, it's 100 percent certain that you WILL end up going for an SUD eval approved by the Texas BON and these places LOVE to falsely diagnose you with an SUD so you will have to go into monitoring and pay Texas lots of money over the next 3 years, or possibly 5. Even if you have to go for their BON approved SUD eval, you will come armed with data and evidence as you already have a previous SUD eval and two negative drug tests and this is Powerful. It makes them think twice about giving you a fake diagnosis. 11. If your play the REACTING nursing game instead of the PROACTIVE nursing game, you are done and will likely end up in monitoring in Texas. What does that mean? Reacting means......you let time go by to "see what the BON does," or "wait until the investigators call" and you think your honesty and truthfulness will matter and convince them to let this go. THEY won't! Do NOT let time pass by where it's a month or two months that goes by before you get a Negative Hair and Nail Test. The investigators and Texas BON SUD approved place will say, "you might be negative with our tests today, but 2 months ago you tested positive and enough time has gone by for you to test negative now." It's absolutely CRITICAL that you get tested for hair and nails ASAP or more like...STAT... next 5 days. 12. If...If the Texas BON says you have to go to their approved SUD eval place, that eval place or the Texas investigators or BON might try to say and likely will say that the SUD eval you got on your own and the negative hair and nail tests "don't count" because they didn't approve them. It DOES NOT MATTER what they approve because if you have a negative SUD eval that you get on your own in the next few weeks and a negative hair and nail test that occurs soon after the event, your lawyer can EASILY fight this and the BON will likely relent and you are let off with a warning and nothing is public. If the BON fights it, your lawyer can get it to the level of an administrative law judge and the judge Decides if the tests and your own Eval are valid and the Judge will allow it and you win. 13. Think about this if YOU are an SUD evaluator and a nurse walks in to you, and your first interaction is that she hands YOU (the evaluator) a recent negative hair and nail test and a recent SUD eval that's negative and you also let the evaluator know your attorney has copies. Will you not think twice about a bogus diagnosis and giving a diagnosis of SUD? Of course you would. 14. If.....if you let time go by and you don't do the hair and nail test, the odds go up in favor of the BON. If you don't get your own SUD eval, the odds for the BON go up. In this situation without an attorney, the BON winning odds and you ending up in monitoring go up. 15. A negative hair and nail test in the next 10 days and a negative SUD eval in the next 14 to 20 days and hiring an attorney in the next 10 days pushes your odds completely through the roof in your favor. You asked for advice and help. I gave it to you. I want you to read one critical last thing and I pray that no fool convinces you otherwise....GET your own hair and nail test (BOTH of them) in the next 10 days and your own SUD eval in the next 20 days and do not let ANYONE talk you out of it. All of the above is expensive Option 1 is/will cost around 10 to 13 grand approximately for the attorney approximately, 2 drug tests, and SUD eval. The losing result option 2 will cost you possibly up to 40 to 50 grand from 3 to 5 years of monitoring, drug tests, stress, monthly recovery fees, fines by the Texas BON, the Texas BON approved SUD eval, lost wages, etc. I would choose option 1. The worst mistake you will make in your life in my opinion is If you Wait and do not get the hair and nail test and your own SUD eval in short time. Mark the above sentence down and revisit it in one year. That decision above will be the overwhelming factor as to whether the BON gives you a simple warning versus years of monitoring and your license in trouble. Hope this helps
Wow thank you so much for your help! I have an appt with an attorney on Monday. Also would getting myself urine tested hold the same weight as a nail or hair test? I see they're a lot more expensive
yellow_tulips said: Wow thank you so much for your help! I have an appt with an attorney on Monday. Also would getting myself urine tested hold the same weight as a nail or hair test? I see they're a lot more expensive
Yes and No. Urine test helps more than no test at all. A urine test would help for short term, but nowhere close to what the hair and nail test would do. You could do the urine test eith the hair and nail test. The urine test is cheap anyway, but think about the long term....A nail test looks back 6 months minimum and up to one year if a toenail. A hair test looks back 3 months. Recovery People (BONs, Monitoring Programs, Courts, Attorneys, SUD evaluators...all of them
KNOW that a "one time weed use thing is kind of rare" or to be able to catch someone for a "one time" weed use on the first try is rare because most people thst drink......drink more than once. Most people thst smoke weed.....smoke more than once, so there is great power when you have a HISTORY of long term sobriety, for example 3 months or up to 6 months. They know it's overwhelmingly likely if you had a problem, you would have a negative test thst looks back 3 to 12 months. Also, how many human beings that are using would go out and get a nail test and hair test? Maybe 1 in a 1000? All of the people above know this. This is why there's great power and to your advantage to have high powered tests like hair and nails.
With all of the above written, please understand that I am not an attorney. I did use to be a paralegal prior to becoming an RN and I'm not giving you legal advice. I'm giving you advice as a nurse and I'm simply telling you to get a lawyer and obtain legal advice from your attorney. From a nursing and recovery perspective as it relates to how corrupt BON approved SUD evaluators are, my nursing and recovery advice is telling you to get the hair and nail test and the SUD eval and that is common sense stuff that is common knowledge for people who have been in recovery and monitoring programs (like me) for years and having talked to nurses over the years and having read hundreds of posts on here for people in the same position and how they were successful and unsuccessful.
For example, I'm not a Doctor and can't diagnose hypertension, but my nursing background and common knowledge from TV commercials tells me that exercise and weight loss can sometimes help lower blood pressure. Same analogy for the Hair and Nail Test and your own SUD eval and speaking to an attorney. It's common sense. An attorney will give you legal advice and how to proceed and like one poster wrote, discuss this no further with anyone other than your attorney.
NurseJackie69 said: With all of the above written, please understand that I am not an attorney. I did use to be a paralegal prior to becoming an RN and I'm not giving you legal advice. I'm giving you advice as a nurse and I'm simply telling you to get a lawyer and obtain legal advice from your attorney. From a nursing and recovery perspective as it relates to how corrupt BON approved SUD evaluators are, my nursing and recovery advice is telling you to get the hair and nail test and the SUD eval and that is common sense stuff that is common knowledge for people who have been in recovery and monitoring programs (like me) for years and having talked to nurses over the years and having read hundreds of posts on here for people in the same position and how they were successful and unsuccessful. For example, I'm not a Doctor and can't diagnose hypertension, but my nursing background and common knowledge from TV commercials tells me that exercise and weight loss can sometimes help lower blood pressure. Same analogy for the Hair and Nail Test and your own SUD eval and speaking to an attorney. It's common sense. An attorney will give you legal advice and how to proceed and like one poster wrote, discuss this no further with anyone other than your attorney.
Thank you so much for your advice. I took advice from the posts above and im scheduled to talk to an attorney next week.. my next big question is if im still going to be allowed to work going through this or if im going to be allowed to work in any other states like New York where I have a separate license..especially since marijuana is legal over there..
Get a job now and here is why....you are 100 percent able to work while under investigation and you are technically NOT under investigation Yet. When you apply for new jobs, one of those common and routine questions is......."is your license under investigation in any state." Rigjt now, you can answer NO.
Getting a job in NY now helps. It may take the BON 3 months to reach our to you and your lawyer and the investigation could take 12 months before this is resolved. Your job in New York doesn't have to know anything about you being investigates by the Texas BON and if your case is dropped (and it will be if you have negative hair, nail, and SUD eval) then your job in NY will never need to know about it.
The advantage ALSO of the negative hair, nail and SUD is for future employers. If the Texas BON opens an investigation you will have to report this when you renew licenses in any and all states and if a job interview asks if you have ever been investigated in the past you simply tell the truth about what happened and you also have your SUD negative eval and negative tests with you and ready to submit which removes any doubt with future employers.
So, yes you can work and you can work while/during/under investigation. Your case is low priority because you didn't divert drugs from work you were not working there yet, and it's weed. This means it could be months before you even here from the BON and of they pursue it and open an investigation after 2, 3, or 4 months it could tske another 8 to 12 months to have it resolved, so absolutely work and get a job NOW, as you can easily and truthfully answer that you are NOT under investigation which is a true statement.
TIMFY
131 Posts
How is another positive urine/nail/hair test going to help her.....
TIMFY said: How is another positive urine/nail/hair test going to help her.....
Well, another POSITIVE urine/hair/nail test helps no one. But, a Negative Urine/Hair/Nail works wonders and that's Clearly explained in the posts above as to how and why.
NurseJackie69 said: Well, another POSITIVE urine/hair/nail test helps no one. But, a Negative Urine/Hair/Nail works wonders and that's Clearly explained in the posts above as to how and why.
Yeah but why would she be negative? It sounds like this just happened if the MRO hasn't called her (which honestly, not sure if they would or not since it isn't federally legal ie they won't care if she has a medical card, etc)
TIMFY said: Yeah but why would she be negative? It sounds like this just happened if the MRO hasn't called her (which honestly, not sure if they would or not since it isn't federally legal ie they won't care if she has a medical card, etc)
Doesn't matter thst she would be negative or positive YET. The first issue is TIME. You do not want to get into the Waiting Game with the MRO and let TIME go by in order to wait to take a second test. Second, she would get the test on her own and if it were positive, simply throw the results in the trash. CBD can have traces of THC on occasion if the CBD source isn't a great source for quality control and let they tiny amounts of THC spill/enter into the CBD during extraction and it can occasionally trigger a positive for THC in the urine if taken within 24 hours before a test. It will NOT show in a nail or hair test because a CBD edible that's accidentally infused with small amounts of THC will not be enough to trigger the test, so she will test negative and would also test negative if she tested again for a urine test, but urine isn't enough. They want a longer picture or look back to ensure no weed for 3 or 6 or up to 12 months.
As for legality, IRRelevant regarding what is federally legal or legal by the state or this or that. A nurse, by having an RN license is LEGALLY bound to abide by BON rules for nurses and those are....no weed, period. And yes, it's been tested in court many times by nurses and the BONs win every time. Porn is legal in 50 States including the federal level. Nurses are not allowed to engage in open public porn in which the nurse can be identified and if identified, license suspended or revoked. And yes, several cases over the years where that has happened. Same applies to weed.