Failing a pre employment drug test or random employment drug test is a very serious matter and could be the beginning of a very long and involved process that could cost you your medical license, nursing license or other professional license. Most often a person fails an employment drug test because of pain medications, marijuana, benzodiazepines or alcohol. Often in random drug test conducted during the course of employment, the person is accused of drug diversion, along with testing positive for drugs.
Do Not Contact the Impairment Program Before Consulting Our Attorneys
First thing, even if advised by your employer, colleague or the Board, do not call HPRP, IPN, PRN or OPHP until you speak to our licensing defense attorneys. Many health professionals contact the impairment programs out of fear that they will lose their license if they don’t. But the untold truth is that you may have other options that can protect your license without the need for a long and invasive monitoring agreement with the impairment programs. For more information about the truth behind the impairment programs, see:
Do You Have an Addiction?
Second thing to remember is that if you have a valid prescription you should be alright as long as you are taking the medication according to the prescription and the prescription is valid. If you do not have a prescription, you could face an emergency suspension or summary suspension for your medical license, nursing license, or other professional license. The most important thing that can be done at this time is to obtain evidence to prove:
- you do not have an addiction problem,
- you are safe to work; and
- you do not need active supervision.
Our professional licensing attorneys can assist you in building your case. Our attorney may send you to a certified addiction psychologist or psychiatrist for a complete evaluation, including administration of the MMPI or SASSE examinations. These evaluators are not associated with the impairment programs or Boards. Often, the evaluators associated with the impairment programs and Boards have a strong bias and therefore your chance of being diagnosed with an impairment is higher.
If you do not have an addiction issue, our evaluators can prepare a report to help prove to the Board that you do not have an addiction problem and therefore would not benefit from the impairment program. Depending on the stage of your case, we may be able to avoid formal action against your license by presenting this information to the Board. If formal action has commenced, we will work to reinstate your license and resolve the action without the need for monitoring or restrictions on your license.
If you do have an addiction issue, HPRP, IPN, PRN or OPHP MAY be right for you, although you still have options. If you have an addiction, our professional licensing attorney will discuss your options and assist you with the process. If you decide to enter the impairment program or are required to by the Board, our attorneys can help negotiate your contract with the impairment program and avoid unnecessary monitoring requirements. One untold truth about the impairment programs is that the requirements to maintain compliance can be very strict and failure to comply with the terms, will result in suspension of your license.
Employer May Be Required to Report The Drug Test Results to the Board
Please contact our attorneys immediately if you have failed a pre employment drug test or random employment drug test. It is likely that your employer will report the incident to the Board and you may face action against your medical license, nursing license, or other professional license. Often, the action will be suspension of your license or an administrative complaint. Our goal is to prevent formal action against your license. Therefore, the sooner you contact us, the better chance we will have to help you minimize the damage to your license from a failed employment drug test allegation. If the Board has already taken formal action against your license or referred you to the impairment program, we will fight to dissolve the suspension order and reinstate your license without HPRP, IPN or PRN monitoring requirements.
Our Experience Defending Health Professionals with Positive Drug Tests
We have been defending health professionals for over 25 years, and we are dedicated to protecting the licenses of our clients. We have several attorneys who practice professional licensing defense full-time. We defend health providers daily with drug diversion allegations and positive employment drug test allegations. We know you worked hard for your license and we want to help you protect your license, your career and your reputation.
See also: Failed Drug Test Case Results