Case Result: Suspension Overturned for RN Accused of Drug Diversion, Refusing Drug Test, Declining HPRP

Professional:
Registered Nurse

Primary Issue:
A Michigan nurse’s license was summarily suspended as a result of refusing an employment drug screen after allegations of drug diversion and declining an HPRP monitoring agreement.

Benefit of Using Chapman Law Group:
We are unique in that our firm possesses a great deal of knowledge regarding the practice of medicine, nursing and professional licensing. The client retained us to 1) overturn the suspension, and 2) favorably resolve the administrative complaint.

After allegations of diversion and refusal of an employment drug screen, the nurse was referred to HPRP and proceeded through initial intake. When HPRP recommended a three-year monitoring agreement, the client refused. As a result, his license was summarily suspended. We were able to quickly gather enough favorable testimony, physical evidence, and documentary evidence supporting the client’s case regarding his reasons for refusing the drug screen. Additionally, we were able to determine that what the Board of Nursing believed was evidence of diversion, was actually just a documentation error. The administrative law judge promptly overturned (dissolved) the suspension and allowed our client to return to work.

After dissolving the summary suspension, we attempted to reach an acceptable resolution with the Board of Nursing, but the Board would not agree to dismiss the complaint. The case proceeded to a Formal Administrative Hearing on the merits of the case.

Having a significant amount of trial experience and experience in administrative licensing cases, we were able to present a compelling case to the administrative law judge and ultimately received a favorable proposal for decision recommending that the case be dismissed.

After receiving the proposal for decision, the Board of Nursing dismissed the complaint. The client received no adverse administrative action for his refusal of an employment drug screen, allegations of diversion, and refusal to enter an HPRP monitoring agreement.

Result:
We resolved the summary suspension and had the administrative complaint dismissed.

Areas of Law:
Nursing License Defense
Administrative Hearings and Complaints
Health Professionals Recovery Program (HPRP)

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.