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When a nurse fails a drug test, whether it is for pre-employment or on a random drug test during employment, the nurse worries what to do, especially when her license is at stake. A nurse failing a drug test is usually reported to the Board of Nursing, and the New York State Board of Regents may suspend or revoke the nursing license. This suspension or revocation 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.
If you are a nurse who failed a drug test, you should consult an attorney immediately. We at the Law Offices of Albert Goodwin are here for you. You can call us at 212-233-1233 or send us an email at [email protected].
Reasons for a failed drug test
When a nurse fails a drug test, it is not the end of the world. 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
Generally, when the nurse fails a drug test, the New York State Board of Regents can suspend or revoke your nursing license. However, you can consult with a nursing license defense attorney who can help you build your case.
If the failure of the drug test was a false positive, a nursing license defense attorney can present evidence that 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. Confidentiality can protect your future job prospects. The attorney can apply for a consent order where your penalty is stipulated. The state board for professional medical conduct then issues 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 after rehabilitation and receipt of your license, 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 City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
