Case Result: RN with Valid Medical Marijuana Card, Script Formally Charged with Impairment; Case Dropped After DOH Violates Due Process

Registered Nurse

Primary issue:
Client registered nurse tested positive for THC at a pre-employment drug screening. The nurse, who has a valid medical marijuana card and a prescription, claimed to have made use of the script only before bed as prescribed and was definitely not impaired. The facility, however, refused to accept the RN’s medical marijuana script and instead reported the RN directly to the Florida Department of Health (DOH). The Department opened an investigation against the RN’s license on the basis of this positive test.

Our Florida healthcare regulatory and licensing attorneys immediately sent the DOH a Letter of Representation. For reasons unexplained, the Department failed to note in their investigation that the RN was represented by an attorney and, without any notice, forwarded the case to the Probable Cause Panel. The Panel reviewed the case without any defenses and decided to formally charge the RN.

We contended that the DOH violated due process by failing to include exculpatory evidence or providing notice to us. Consequently, we filed a petition for reconsideration, demanding that the DOH send the case back to Panel for reconsideration with the goal of dismissal.

The case was dismissed and the administrative complaint was removed from online. The RN is now free to practice without conditions.

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

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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Case Lawyers

Sara A. Bazzigaluppi


Florida Healthcare License Defense

Sarasota Office
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449

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