Members are discussing issues related to failed drug tests for THC and benzos, potentially due to unintentional consumption of CBD products with trace amounts of THC. They are seeking advice on dealing with employers, medical review officers, state boards of nursing, and legal implications, as well as sharing personal experiences and concerns about the consequences on their nursing careers. Some users are also highlighting the complexities of drug testing regulations, state laws, and the need for legal representation in such situations.
About 3 weeks ago, I took some CBD gummies at the local dispensary (weed in legal in Nevada) which had some THC in it. A week ago, I took a pre employment drug screen and it came out positive.
I didn't know it was going to still be in my system by then. I've been trying to read articles and research online but there is not a lot of RECENT information about nurses failing drug tests with THC in legal states.
The hiring manager was so incredibly nice to me she told me to reapply. The drug testing company never contacted me before they sent the results to them which I'm a little upset about.
I honestly thought I was in the clear.
Will they report me to the BON?
Will my license get dinged?
I'm a new grad with less than one year experience and tried these gummies for back pain when Ibuprofen didn't help. It was for a hospital job I currently work at a skilled nursing facility and they never drug tested me which I find odd?
Do not self report! Self reporting is admitting and can put you in a worse situation ! Do not admit to anything! Do not answer questions from an investigator without talking to an attorney. Even when you get an attorney let him do the communication.
Everybody can see the public reprimand. Even your neighbor.
I'm in a similar boat! Failed drug test for travel assignment right before my start date. Positive for thc and a benzo. I also take prescriptions meds I've been on for years that I knew would pop positive, one being a different benzo I had taken that I do not have a prescription for. I'm ashamed and beyond upset with myself for putting myself in this position. I don't know what happens from here and I'm unsure of what to do, what to expect and how I'll manage to not have an income for an unknown amount of time.
The agency told me to self-report to the BON and per the recruiter, "after you get the clear, you can come back and work". However I know the consequences are far more than just getting "cleared" from the BON. I consulted with an attorney who told me I'd be notified I'm under investigation via email or certified mail. This was about two weeks ago that the agency told me this. I know every state BON is different, but can anyone shed some light/share on how long it took for them to be notified they were under investigation? The attorney said after I receive notice, it can be anywhere from 3-6 months before the BON makes a decision. She said its possible (but she doesn't foresee that based on what I told her) the BON might want to put me in an HPMP for substance abuse/misuse.
I haven't heard great things about this program other than it's a years long and is extremely expensive. To further complicate things, I bought a house/fixer-upper in a different state than my home state. I'm about to move to that state, which is also a compact. I want to keep travel nursing, but now I don't know what to do. Feeling ashamed, regretful and not knowing what/when to expect notice or what I can do from here, is causing me great anxiety ?
The criminalization of cannabis is crazy. Many states are now legal, including my own state. If someone is not going to work or driving under the influence, it shouldn't matter. I'll get off my soapbox now.
It took me a month, from the time my agency reported me to the time the BON dismissed my case. Since I had nothing on my record they dismissed and closed the case and it was relatively fast. This was in Oregon. It truly does depend on the state and whether or not it’s a legal state. I know it is still federally illegal, but the NCSBN released a notice to all boards on how they should handle marijuana offenses based on legality in the state used and if it was a work related cause or a simple UDS. I did not self-report, as I was already being reported, however I did hire an attorney just in case I needed them. Thank god I didn’t. I wish you the best and all the luck.
Thank you! If you don't mind me asking, how long from the time your agency told you that you were being reported, until the time you were notified that you were under investigation? And how did they notify you (mail, phone, email)? Did you not work for the month this was going on or did you just go to another agency? It'll be legal in my state very soon, but obviously that won't help me in my situation and my state BON seems to be pretty strict in general. I had given an initial UDS for my upcoming assignment, then called by someone at the MRO office a few days later who asked if I took any prescription meds. I told her the two meds that I take, and she said the benzo that I take/prescribed "didn't show up", I said OK then gave her the info that she needed to verify my prescription med that did show up positive. That night I got an email from the agency saying my UDS came back as "diluted" and told I needed to submit a 2nd UDS, which I did the following day. Assuming I was good to go, the following week I hit the road for the long drive to my next assignment when I got a call back from the MRO office saying they found valium and THC in my 2nd UDS (which I obviously didn't have prescriptions for). I didn't know either that they could tell the difference between the different benzo's, which leads me to believe they didn't bother with doing a urine dip but instead sent my 2nd specimen to be further analyzed. I'm concerned the combo of the two meds I don't have prescriptions for combined with the two meds I do have prescriptions for, will create cause for concern for substance abuse/misuse by the BON.
I'm about to move to a different state and am unsure if I should bother to apply for my licensure in that state because of those boxes I have to check "yes or no" about having any disciplinary/pending disciplinary action on my license. I don't know if submitting my app for licensure in the state I'm moving to will cause more harm than good. I'm low on funds, and this waiting game to hear from the investigator has not only put a serious hold on my life and career, but the not knowing what will happen, when it'll happen or if I'll lose my livelihood is the worst feeling.
Initially I thought that because I wasn't technically working at the time, I wasn't providing patient care or had yet to start my new assignment, that would help. But now I don't know if I should just sit and wait to hear from the investigator or not. It would really suck to go through the process of trying obtain licensure in my new state or go through all the onboarding processes with another agency, just to have all of that put on hold, be compromised and potentially get denied licensure in the state I'm moving to ?
Specializes in Psych, Addictions, SOL (Student of Life).
On 7/11/2020 at 7:49 AM, rockchickrn said:
Positive vibes. I am appalled that they test for THC in a legal state. It shouldn’t be considered any different from having a drink. Best of luck to you. Get a good lawyer.
Ecept for the fact that Nursing boards follow Federal Law not state law!
Positive vibes. I am appalled that they test for THC in a legal state. It shouldn't be considered any different from having a drink. Best of luck to you. Get a good lawyer.
The exact same thing happened to me. The only difference is Nevada wasn’t my home state. I left there and went back to the south. Failed the pre employment related to gummies. I was reported to BON and received a letter for investigation. I will let you know what happens
Any update? Recently failed a pre-employment for thc after I had already taken a test for my agency. Reported to BON, haven't received my letter, and I will be hiring an attorney.
Did your lawyer help get you the public reprimand? I’m just concerned about it affecting Alaska and Montana. How was it for your other licenses? Wish I could just private message to pick your brain.
I ended up with a public reprimand. My lawyer basically stole my money and tried to charge me again for a trial so I took the offer, which was a reprimand. I am Still travel nursing.
907_rn, sorry IDK how to reply. No the first offer I received from the board was public reprimand. I was on a payment plan with the lawyer. So I figured the lawyer could get me a better deal. So I waited a few more months and paid him off. He did nothing but bring me the same deal the board initially offered. And yes it affected my other licenses. All states will know the outcome. I suggest you still get a lawyer but be careful with who you choose.
907_rn, sorry IDK how to reply. No the first offer I received from the board was public reprimand. I was on a payment plan with the lawyer. So I figured the lawyer could get me a better deal. So I waited a few more months and paid him off. He did nothing but bring me the same deal the board initially offered. And yes it affected my other licenses. All states will know the outcome. I suggest you still get a lawyer but be careful with who you choose.
I understand what you’re saying. I know it will affect them, I’m just curious to if each state will open an investigation. That’s all. Thank you for your help!
RNforthecause
13 Posts
Do not self report! Self reporting is admitting and can put you in a worse situation ! Do not admit to anything! Do not answer questions from an investigator without talking to an attorney. Even when you get an attorney let him do the communication.
Everybody can see the public reprimand. Even your neighbor.