Refused UDS, what to do now?

Nurses Recovery

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Recently I was told by HR that I was suspected of diversion due to my med administration numbers were higher than my other peers. I have never been disciplined for anything at work ever. Never been to work impaired or accused of anything of the sort. I didn't not consent to the drug screen because I knew I would be positive for thc from a recent delta 8 gummy that I had taken. I absolutely did not take any meds from the facility. My thought was a suspicion would be better than an absolute positive test for tsh. I was told I would be removed from the schedule until further notice. I have since then reach out to my supervisor without any response. I emailed my resignation to avoid the termination mark on my resume. Did I make the right decision? And where do I go from here? I have anxiety like never before and can't even bring myself to eat! 

I have a reinstated license with rigid restrictions. At this point a lawyer can't help. None of them have said they were successful in changing restrictions ???

legislation needs to be passed to regulate the board!

if every RN affected would stick together and contact their legislators in force then progress forward might start.

Currently, the Tx BON has NO REGULATION!! The Governor of Texas appoints board members and that's it!

I have had correspondence with that office. Response: Talk to the legislators! Nurses are not a priority in Texas.

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Specializes in Psychiatry.
aaloving1 said:

I have a reinstated license with rigid restrictions. At this point a lawyer can't help. None of them have said they were successful in changing restrictions ???

legislation needs to be passed to regulate the board!

if every RN affected would stick together and contact their legislators in force then progress forward might start.

Currently, the Tx BON has NO REGULATION!! The Governor of Texas appoints board members and that's it!

I have had correspondence with that office. Response: Talk to the legislators! Nurses are not a priority in Texas.

Providers aren't a priority anywhere

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Specializes in ICU, ER, Med/Surg, Home Health, Hospice,Step Down,.

I agree with your comment about if all nurses could stick together, we could make a change. Can you imagine how working conditions would be if the entire nursing profession stuck together. If we stood as one and didn't put up with the hospital politics. Unfortunately, I don't see this happening, which is sad.

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I have a reinstated license with rigid restrictions. At this point a lawyer can't help. None of them have said they were successful in changing restrictions ???

legislation needs to be passed to regulate the board!

if every RN affected would stick together 

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Nurses in Louisiana just became part of a union at a private hospital! Way to go!’

nurses are intimidated from standing up together and pushing for change. It takes time, organization and determination!

I think we should collectively write a letter to our legislators to ouch for reform!

I would be willing to help and maybe our Legal Advocate could contribute !!

my temporary license expires this month so I'm busy filling out applications right & left !!

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Specializes in CEN, Firefighter/Paramedic.
hppygr8ful said:

I have used CBD in lotions, vape and pills for 3 years and never once have a positive test.

Meanwhile I had a coworker who was using CBD oil from one of the "guaranteed not to test positive" well known CBD oil makers.. Tested positive and terminated immediately.

The problem with CBD oil remains that it is unregulated and you are playing Russian Roulette. 

 

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Has anyone completed drug court and the joined HPMP?

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So your numbers were higher? I would start there as it went somewhere.. Review your employment handbook as you don't want to do anything and it be a waste of your time/money as you stated you already sent your resignation. Sounds like maybe you should start looking for alternate employment opportunities. Even if you did the outside testing would you want to work there IF they would let you back? You would be looked at suspiciously for a long time if not forever.. I wouldn't want to work somewhere where someone was stealing and I was being held accountable for it.. also the theif/company has had no repercussions since finding their scapegoat (YOU) so now I imagine it has emboldened them because they got away w/it. Subsequently,it will happen again,and when it does they would come to you--who knows next time they may bring criminal charges as well. which is worse- leaving a job off your resume/being fired AND/OR going to jail?! I'm not being dramatic I just want you to think Abt it...so in short I would not take the chance to lose my freedom for this job. You have already quit AND been accused of medication theft so I wouldn't,wait, no I COULDN'T take that chance...I hope that helps give you another perspective on your situation,I know it's a tough spot as Im sure you want vindication but sometimes the risk outweighs the reward.. I would leave, not unscathed but not broken either!! Good luck! 

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"You will end up like me having to walk away from 28 years of nursing and accept living in poverty.”

 

With all due respect, never fall into that thinking above. You are more than a nurse and there is a whole big world out there. There are lots of different careers out there and you can do whatever you choose to do. Nurses have a tendency to get stuck into nursing. I often hear that mentality that If we leave nursing we will have nothing. It is simply not true. You have to choose if you want to continue with the monitoring. If you do- you have to accept the terms and just do it. Think of it as a challenge or just a process, but just do it and by the time you know it- it will be done. It costs money and time and is frustrating but if you need to do it and you want to be a nurse- that's what you have to do. if you don't want to do it- you don't have to. It's all your decision. You are in control of your life and your decisions. Good luck and stay strong. 

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I would not be overly anxious. I would simply see it as : yes, you made the right decision. You did what you needed to do at the time. You have the right to refuse a urine test. You may not have been comfortable with the procedure or people administering the test and you chose to not have it done at that time. There is nothing wrong with that. They were accusing you of something that you did not do and they seemed biased against you. You questioned their ethics and felt railroaded, So you simply quit and found another job and you have had no problems there at all and have never been accused of anything. 

I think as long as you are not using any drugs- you should go get another job and just leave this whole thing behind you. Learn from it and move on. Stay off the drugs. make sure you are giving medications correctly at all times. 

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Specializes in Psych, BH, LTC, Rehab, Detox.
aaloving1 said:

Do whatever it takes to avoid being reported to the Tx BON. They will make your life a living HELL. And, then issue restrictions after any drug or alcohol issues that may PREVENT YOU FROM WORKING AGAIN EVER AS A NURSE! They are not monitored by anyone & are overly PUNATIVE!

They can place you in TPAN which is workable but can prevent you from giving narcotics at work. That makes getting a job difficult. 

I had DWI 30 years ago. Surrendered my license, not due to any substance abuse issues but because I worked for 2 companies, even though it was helping another RN do wound care in 2012.

when I asked for  reinstatement  I first had to do random drug screens A FULL YEAR at per test out of pocket. It's now close to $69 a test. Then, + forensic psy eval + lie detector testing {$ 1,600 out of pocket) + letters from my doctors + RN  refresher course + 80 hours of clinical onboarding . Had to show 2 meeting a week of AA + documentation of AA sponsor.

now, I have 2 years of restrictions: random drug screens 1X a week. They use Recovery Trac: must go to their approved testing sites, can not make appointment: it's first come first served. So, you have to inform your employer gotta leave my patients in another nurses care and I'm not sure how long I'll be gone. WHAT EMPLOYER IS GOING TO ALLOW THAT?!!?And, I have to work DIRECTLY WITH ANOTHER RN FOR A FULL YEAR!! I have extensive experience in Home Health & Hopice , Long Term Care and CAN NOT find a job!! I only have 2 years of acute care from 1980 & 1981. Now, I've discovered many hospitals are not hiring any nurses with restrictions. HCA, Methodist, Ascension, Baylor Scott & White ect.I have applied at Rehabs, DialysisA bunch of Psychiatric employers but they DO NOT use 2 RNs on the units. Tried to apply at clinics. Asked Board Monitor if I could be supervised by MD? No you can't  So if you get in a dispute with the Board-Call an experienced nurse attorney ASAP. If I had done that before I signed the Reinstatement Oder I might have had better results!!

DO NOT TRY TO DO THIS ON YOUR OWN!!

You will end up like me having to walk away from 28 years of nursing and accept living in poverty.

Take this SERIOUSLY !

 

 

 

I

I've never heard of TPAN. I didn't read any other responses yet so I'm not sure you answered. I had reasonable cause or suspicion to be tested after a shift. My first shift back in the ED. I have chronic pain from plastic surgery that got botched. I was in between pain docs, took meds from a friend and turned out to be pressed with Fentanyl. To be honest I should have refused their testing - because it was positive and I got immediately reported to the board plus "fired". I did quit before the results came back but they still report you. I'm in NC. So now I have all these conditions to meet in a year. Starting January 23, 2024. But I haven't had a job yet and the year mark kind of started there because I need quarterly evals for a year from a supervisor. 
I use their website called Vault. It randomly selects people. Usually every other week it will pop up. It's 84 a regular urine test and they charge you every month for the month before. You can choose your location based on zip code and choose where to go. But yeh it can be any day so your employer has to know because per law or "consent order" I must go. I have to tell my employer about the whole ordeal up front during interviews. 
A damn forensic psych eval and lie detector test - wow. That's asinine. I didn't have to do clinical onboarding. I did have to pay for certain CEU courses related to narcotics. I did have to get letters from my docs, every one, about what meds they're prescribing. I have to upload all my meds into that Vault website. Any and all new scripts or refills. I have a case analyst who's my point person or whatever and I have to even email her if I take Benadryl or Mucinex D. She did tell me a MD could monitor me though as long as approved beforehand. I guess it's different per state and situation. I have about 25 damn "rules" to follow of when and where I can work etc. I can't do home health at all for the year. Can't travel. 
I never thought about getting a nurse attorney. I can withdraw from the consent order but then my license will be suspended and I don't know the steps after that to be reinstated. It's a lot. It feels like too much sometimes. And I just started. 

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Specializes in Psych, BH, LTC, Rehab, Detox.
nolongeranurse said:

I would not be overly anxious. I would simply see it as : yes, you made the right decision. You did what you needed to do at the time. You have the right to refuse a urine test. You may not have been comfortable with the procedure or people administering the test and you chose to not have it done at that time. There is nothing wrong with that. They were accusing you of something that you did not do and they seemed biased against you. You questioned their ethics and felt railroaded, So you simply quit and found another job and you have had no problems there at all and have never been accused of anything. 

I think as long as you are not using any drugs- you should go get another job and just leave this whole thing behind you. Learn from it and move on. Stay off the drugs. make sure you are giving medications correctly at all times. 

You can be fired for refusing the test at most places. Depends by state. And it's almost like a positive automatically. The facility could report you to the board for whatever they wanted. But if you were positive for THC and it's not legal where you are and allowed at the facility then they can report you for that. So it's like being screwed either way. 

Nitengail1965 said:

Has anyone completed drug court and the joined HPMP?

I don't know what either of those things are??

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