tbon investigation letter

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in august I was accused by a coworker to my manager to be under the influence because I had a twig in my hair and stumbled. I refused to drug test and went home. I continue and still remain employed elsewhere but have received a letter of investigation. after 24 years of being spotless and being successful as I nurse I have this all because wacky jacky wants to go around accusing people she don't like of being less than a nurse. I felt relieved after walking out that day but now It may come to haunt me. Im not sure what to expect after submitting my rebuttal in writing. I am on a compact license working in Texas to add. No I don't have but will get some. I do have God telling me not to worry but the human in me wants to hear from others who have been in my shoes

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Specializes in Critical Care; Cardiac; Professional Development.

If you refused the drug test, you refused the right to prove you don't have a problem. Why did you refuse if you are negative?

Texas BON is pretty hard core. You probably need to lawyer up. It is past the "Jacky Wacky" stage and into the "protect your license" stage and you are too late now to get since this incident already happened.

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I refused because I felt it was not warranted and I didn't violate my practice of nursing. At that point I felt like it would be best to terminate my relationship with the company. I haven't refused anything with the board. So it's a waiting game I guess

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As a nurse who has 383 more days to deal with the Texas BON, I can tell you this:

1. Wacky Jacky and the bull malarkey club band just bought you a trip (possibly) and a lot of correspondence (guaranteed) with the folks in Austin. They will not care about your record of 24 years of spotless nursing and you need to be very, very careful about what you submit to them in writing without legal counsel.

2. Retain an attorney immediately and do not send anything to the board without prior counsel from that attorney.

3. When you speak with anyone at the board, be gracious and courteous at all times. Acting like a jerk and spouting off will not go over well. Unfortunately, there is no innocent until proven guilty in this situation and the spotlight is already on you. Do not give them a reason to want another curtain call.

4. I do not know what your situation is, it is none of my business, but if you have a recurrent problem or even an occasional had a bit too much fun at a party or out getting breakfast tacos, I want you to remember this when dealing with the Texas BON: since you refused to test, proving you are clean and sober is going to be very difficult.

5. If they do what they normally do to folks in this situation, be ready for 3-5 years of being under their thumb, radar, and scrutinization everyday.

You did not refuse the board, but you did refuse your employer, and according to the Texas BON, Section 301. 410, they were required to report you. That is why you received that letter.

Like not.done.yet, I cannot stress enough your need for legal counsel. I sincerely wish you all of the best!

The 'Ol TrashPanda

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Sorry, that you are going through this. I refused to test and my employer was kind enough to refer me to TPAP stating they held me in high regard and thus chose this course over reporting to the board.

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Yes I spoke to a lawyer today and will hire her to follow up with the TBON

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I would ask the lawyer about if a hair follicle test would help your situation. Unfortunately from what I've seen, the BON pretty much assumes guilt for those who refuse a drug test from their employers. I hope it works out for you though.

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I don't want to be flagged as unsafe to practice

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Get a lawyer ASAP. You do not want to go head on the TBON. Also, you are considered GUILTY, you will receive some for of "punishment" AKA board order. The lawyer can work it up to 1 year, otherwise if you don't get a lawyer you're facing 3 years of drug testing and being tested like a nobody.

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Specializes in Med/surg/ortho.

The fact that I received a letter is serious and u should take it as such. If an investigation is being done more than accusations were involved. I don't know your situation but if you need some advice I know who you should contact.

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Specializes in Critical Care.

I am a klutz. The 10% of he time I wear something white, there is a 50% chance I will spill something obvious. I feel you.

However, just as if a cop pulled you over- a refusal to blow= automatic DUI + loss of driving privileges for 1 yr.

The sole fact remains that if you didn't have anything in your system ( that was there without a valid Rx for your self in an appropriate amt) you should have tested. I'm sorry, it it's the truth. You get no kudos from management or co workers for being self righteous . I would get. Hair test done , at your own expense, asap. I would assume you can't come back to work there until this thing is sorted out as clean. And that's the best case. Otherwise, count your blessings that you have the second job and be prepared for that one to be your primary and act accordingly .

Nonetheless, best of luck.

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Specializes in Hospice, corrections, psychiatry, rehab, LTC.
I refused because I felt it was not warranted and I didn't violate my practice of nursing. At that point I felt like it would be best to terminate my relationship with the company. I haven't refused anything with the board. So it's a waiting game I guess

In most places, refusing a test is considered admitting guilt. You had an opportunity to prove you innocence, and you bailed on it. It doesn't matter that you didn't refuse anything with the board. does not protect you from practicing nursing while impaired.

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