A failed drug test for a nurse in New York could cost that nurse their nursing license. Pre-employment drug tests of nurses are usually required by employers, and random drug tests can be conducted in the course of employment. When a nurse fails the drug test, this failure will be reported to the New York State Board of Nursing. The New York State Board of Regents may suspend or revoke the nursing license, which would essentially take away the nurse’s source of livelihood and income.
If you are a nurse who has failed a drug test, immediately contact a nursing license defense attorney to ensure that you are able to get the lowest penalty possible in the practice of your profession.
Reasons for a failed drug test
Failing a drug test is not the end of the world for a nurse. False positives can happen. A urine drug test needs to be collected, labeled, and stored properly in order to yield accurate results. Some prescription medicines that are perfectly legal and prescribed to the nurse may contain small doses of amphetamines and barbiturates which could show up in a drug test.
On the other hand, if you are a nurse who has substance abuse problems, the first step is admitting to this substance abuse and getting treatment for it. The New York State Board of Regents has a Professional Assistance Program that allows licensed professionals to voluntarily surrender their licenses while seeking substance abuse treatment. These licensed professionals can get immunity from charges of practicing while impaired and being a habitual user of alcohol or other drugs.
Consequences and defenses of a failed drug test
The New York State Board of Regents can easily suspend or revoke your nursing license. You can consult with a nursing license defense attorney right away. We can help you build your case for defending your license.
If the failure of the drug test was a false positive, a nursing license defense attorney can show the urine test did not yield accurate results due to improper collection and handling. On the other hand, if the failed drug test was due to your prescribed medication, the nursing license defense attorney can show the board that your medication was legally prescribed for your medical condition, and this prescribed medication caused the positive drug test.
If you failed the drug test because you used that particular drug, a nursing license defense attorney can help build your case by showing that you do not have an addiction problem, you are safe to work, and you do not need active supervision. Evidence proving this can include evaluations from a certified addiction psychologist or psychiatrist. An experienced attorney can possibly reduce your penalty and aggressively argue for your case’s confidentiality. The attorney can apply for a consent order where your penalty is stipulated, and the state board for professional medical conduct can issue a consent order based on this agreement.
Enrolling in the Professional Assistance Program can be considered as a last resort, since it requires the immediate surrender of the nursing license and strict monitoring and regulations for next five years.
If you are a nurse who has failed a drug test, it is important to immediately consult with a nursing license defense attorney who can effectively represent you. Your nursing license, which is the source of your livelihood and income, is at stake, and having an experienced attorney beside you is worth it. Should you need assistance, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 718-509-9774 or send us an email at firstname.lastname@example.org.