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Investigation of Nurse with Positive THC Urine Test Is Dismissed

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Case Result: Nurse Who Tested Positive for THC
Avoids IPN Referral

Registered Nurse

Primary issue:
RN tested positive for THC in an employer-ordered drug screening. RN was asked to submit to a drug test after she was struck by a patient while on the job. Per hospital policy, they were required to drug-test her.

As a result of this positive drug screening, the facility was required to report her to the Department of Nursing and the Florida impaired practitioner program for nurses IPN. The RN refused IPN enrollment and participation since she did not suffer from any substance abuse issues.

Consequently, the Department opened an investigation against her RN license accusing her of testing positive for a drug and accusing her of impairment. CLG scheduled an evaluation with one of our IPN-approved evaluators who ultimately found the RN safe to practice without need for monitoring. We provided the Department with a Response to the Letter of Investigation along with supportive evidence.

The Department dropped all accusations of impairment and simply charged our client with “testing positive for a drug”. Normally, this type of violation is enough for a referral to IPN. However, after long negotiations, we were able to convince the Department to settle the case with a reprimand, a $250 fine, and eight hours of continuing education classes.

Areas of Law:
Nursing License Defense
Cannabis Law
Administrative Complaints

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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