Case Result: No Evidence of Impairment for Nurse Practitioner Who Used CBD and Whose Drug Test Showed THC

Professional:
Advanced Nurse Practitioner

Primary issue:
Client is an advanced nurse practitioner who was working at a facility when an audit was requested. Apparently, certain vials of propofol were missing and diversion was suspected. The client claimed that the propofol was eventually accounted for, but the Department of Health (DOH) report disagreed.

As per procedure, the facility required client to submit to a reasonable suspicion drug test, which tested result positive for THC. For this reason, the facility reported client to the DOH for testing positive and for possible impairment.

Argument:
The client made use of CBD in various forms and told her counsel about it. We were able to provide the board with ample evidence proving that CBD can cause false positives and that there was no evidence of impairment.

Result:
The case was presented to the probable cause panel, which voted to dismiss the case with a letter of guidance. The letter of guidance not considered a disciplinary action, meaning the case will be dismissed and remain confidential.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense
Substance Abuse & Impaired Practitioners

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.