Case Result: Nurse Vindicated After OB/GYN Accused Her of Being a Drug Addict, Dealer
Our Florida nursing licensing attorneys used E-FORCSE records, drug test results to prove surgeon maliciously reported the nurse to the DOH.
Sarasota Office
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449
Our Florida nursing licensing attorneys used E-FORCSE records, drug test results to prove surgeon maliciously reported the nurse to the DOH.
Our attorneys successfully demonstrated an employer violated the Americans with Disabilities Act by knowing about a Florida RN’s PTSD diagnosis and Xanax prescription, but reported the RN to IPN for it.
Our nursing license defense attorneys proved that the nurse, who tested positive for THC via CBD oil, violated the Nurse Practice Act.
Florida nurses and medical practitioners are most often referred to IPN and PRN by employers due to potential safety-to-practice concerns.
Florida’s Intervention Project for Nurses (IPN) was established by legislation enacted in 1983. However, IPN is not a State of Florida agency; rather, it is an
Professional:
Advanced Practice Registered Nurse
Primary issue:
While working at a hospital, client advanced practice registered nurse (APRN) had a bad reaction to recently prescribed medications. The APRN immediately contacted the prescribing provider to discuss these side effects. A few days later, the hospital drug tested the APRN, which resulted in a positive result for validly prescribed anti-anxiety medications. The hospital was aware the APRN had been prescribed these medications, as the APRN had disclosed suffering from PTSD since the death of APRN’s spouse. The APRN provided the hospital with letters from the prescribing physician confirming the APRN having had a bad reaction to the increase of the dosage of the medication; that this was assessed immediately; that the offending medication was corrected; and that there are no suspicions of impairment.
Argument:
APRN immediately consulted with us and we sent a letter to hospital in-house counsel to recommend that no referral to IPN was necessary in the absence of proof of impairment. The in-house counsel behaved unprofessionally, scoffing and laughing at our recommendations. The hospital placed the APRN on indefinite unpaid leave, and reported the APRN to the Department.
Client was referred to IPN. Together we rejected referral and took the case before the Florida Department of Health (DOH). We then discovered that the hospitals’ in-house counsel had taken it upon themselves to provide a letter to the DOH with a narrative of events (as they saw it). However, the letter included a copy of the chain of custody form for the drug test to our client had submitted.
We were able to quickly prove that the form had been altered. We further contended that the intentional manipulation of this form is proof of the malicious acts of the hospital: firing our client was due to our client’s disability, a way to be rid of the APRN, and was in violation of both federal and state law.
Result:
The case was dismissed without any findings.
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.
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Sarasota Office
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449
Our nursing license defense attorneys proved that the nurse, who tested positive for THC via CBD oil, violated the Nurse Practice Act.
After long negotiations, we were able to convince the Department of Nursing to settle the case with a reprimand, a small fine, and eight hours of continuing education classes.
How rapidly is the hemp-derived CBD market growing? According to recent market research studies, it’s expected to reach $22 billion by the year 2022. Despite
Healthcare providers who want to avoid enrollment in IPN or PRN, or suspension, after testing positive for THC, will need evidentiary and scientific support for your defense, and a defense attorney who has experience with this new and evolving area of law.
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