Board investigation stating patient safety issue 2 & 1/2 years after "incident"
Back in August of 2009, I was terminated from employment for a positive drug test result. This was a voluntary test, due to concerns about a recent allergic reaction to an unknown cause. I disputed the results and continue to dispute the results, as a false positive. I was not notified of the results of the test, until 10 days post test, at which time I was terminated. This prevented a confirmatory test possibility; and 2 weeks without pay, then termination prevented shipping & retesting of the sample.
I was notified by the Nursing Board that there would be an investigation, but did nothing showed up on my license during searches. I have continue to work at various places of employment, without incident, accidents or any positive drug tests. The Nursing Board has renewed by License 2 times since then. During the time, I have received letters from the Board every 6-12 months saying that the investigation was still ongoing (due to backlog). Since then I have been able to continue working.
In April 2012, I was notified by a potential employer that "formal charges in March 2012" were noted on my license during license verification. I have since gained employment, but the investigation & charges have continued from the Board. I have just received a proposed "Order" from the Board that puts Stipulations on my license for 1 year due the boards determination of patient safety risks, specific reeducation with Board certified/sponsored classes, and drug testing (q week x 3 months, then q month x 3 months, q 1-3 months for 6 months -- all at my own expense, of course). It also states that a Board member can show up at my place of employment at any time & request a random test. It requires employer notification, monitoring, & reporting by a supervisory RN for 1 year. I have rejected the proposed order and continue to maintain my innocence, which means a public hearing before the Board.
I really don't have the money for an attorney. I have financial issues due to the termination and periods of unemployment over the past 2 1/2 years. I am now in a Supervisory position at a LTC facility, and am in-line for a promotion. I believe that the Board is being punitive at this point to continue pursuing the matter. I have been punished enough for this alleged misconduct.
Am I stupid to think I can defend myself during the public hearing? What possible options do I have to keep my license without penalties? Any advice?
I am a good nurse and would like to continue working and moving up at my current employment. I continue to maintain my innocence. I feel that my record "speaks for itself." There have been no further "incidents." All drug tests, before & since that 1 test, have been negative. There is no patient safety risk! I don't have any problem taking random drug tests, because I don't use drugs and never have.
"Back in August of 2009, I was terminated from employment for a positive drug test result."
This how you started it..
You volunteered for a piss test? Where they do that at?
We need all the lights in the inn to be on dearie not positive for prescription, illegal or whatever drugs. I noticed that you failed to identify the substance.
There is no such thing as a false positive. The more you deny use the more guilty you appear... rules of recovery. that lovely word denial. I know it sucks but it's either you get some money for an attorney or you get ready to do what they say. Besides if you have a manager job you got some insurance for a piss test
if you are clean as you say you are then go with the program because if you don't they will suspend that license and any chance of promotion. Besides employers like monitored nurses actually because they are clean and under rule.
And last but most important. kill that poor nurse routine... You started it. The board wasn't thinking about you. Your story sounds fishy if that's possible. Usually drug tests are given for diversion suspicion or if you were behaving in a way that seemed drug related. I've never ran into a drug test for allergies.
So start with you "getting honest" (another recovery phrase)
and accepting what happens because in three years you couldn 't collect enough cans for an attorney then it wasn't really important.
Sorry to be tough on you but if you did wrong get it over. The nursing board employs hundreds of attorneys and investigators just for this.
So get on ya plan
tell ya boss
and it's just a year.