Case Result: Nurse Tests Positive for THC; DOH Dismisses Investigation
August 23, 2019 No Comments
Our nursing license defense attorneys proved that the nurse, who tested positive for THC via CBD oil, violated the Nurse Practice Act.
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Our nursing license defense attorneys represent hundreds of nurses every year with issues that threaten their nursing license, including drug diversion, DUI, positive drug tests, impairment allegations, failure to report convictions, nurse practice act violations, negligence claims and criminal matters. We also assist nurses in obtaining a nursing license and employment matters.
Our nursing license defense attorneys regularly represent nurses before the Board of Nursing, administrative courts, and state licensing divisions in Michigan and Florida.
Drug Diversion is defined as the misappropriation of a prescription drug without legal authorization. For nurses, this can mean being accused of drug diversion for issues such as failure to properly waste, Pyxis errors, and stealing narcotics from a hospital/employer. Our lawyers have represented hundreds of nurses, physicians and pharmacists in a wide range of drug diversion allegations, from multiple-count federal indictments to state licensing infractions. Our nursing license attorneys have significant experience handling state and federal drug diversion cases, as well as administrative and criminal drug diversion cases.
Too many nurses have lost their nursing license because of a DUI. Others have undergone lengthy, invasive and expensive monitoring requirements by the state’s impairment program. All too many nurses enter the state’s impairment program without first consulting a nursing license defense attorney. Our attorneys strive to help nurses protect their nursing license and ability to practice unrestricted and without monitoring requirements. We represent both nurses who have recently been charged with a DUI and nurses that are facing disciplinary action for a prior DUI.
Our attorneys regularly represent nurses who have failed a drug test. Most often a nurse fails a drug test because of pain medications, marijuana, benzodiazepines or alcohol. Usually, the nurse is accused of drug diversion along with testing positive for drugs. Failing a pre-employment or employer-ordered drug test can be a very serious matter. Generally, a nurse who fails a drug test is promptly terminated from employment and reported to the state to faces licensing action. Under certain conditions, the state can immediately suspend a nurse’s license. Our attorneys can help protect your nursing license if you are accused of failing a drug test.
Our nursing license defense attorneys represent nurses who receive a mandatory referral to an impairment program, as well as nurses who have recently been accused of having an impairment and are considering contacting HPRP, IPN, or PRN. The most common incidents that trigger referrals to the impairment programs are drug diversion, DUI, and positive employment drug tests. If you are considering entering an impairment program, our attorneys can help you understand your options. If you are in an impairment program, our attorneys may be able to help modify your monitoring agreement.
Nursing licenses can be suspended for many reasons, including drug and fraud convictions, positive drug tests, probation violations and failure to comply with the impairment program. Our lawyers have successfully helped hundreds of nurses restore their license following suspension. There is a very short period of time in which you can request a hearing to challenge the suspension, so if your nursing license has been suspended, contact our nursing license attorneys immediately.
Unlike most law firms who handle just nursing licensing matters, our firm has a team of criminal defense attorneys. We help nurses who are facing current criminal charges, and we represent nurses who face disciplinary action for failure to timely report a criminal conviction. We also assist nurses with a prior criminal conviction who need assistance in reporting the conviction to the state and/or Board of Nursing, and also help obtaining a nursing license with a criminal history. Our nursing license attorneys and criminal defense attorneys work together to handle criminal matters in a way that will help protect the nurse’s license after the criminal case is resolved.
Chapman Law Group’s nursing license defense attorneys frequently help nurses and nursing students with prior criminal histories or disciplinary issues obtain licensure. While the process can take longer with a prior conviction or sanction, most issues do not automatically prohibit a nurse from obtaining a nursing license. Our attorneys can assist in presenting these issues to the Board of Nursing during the application process and represent you during a hearing before the Board of Nursing.
Many nurses report sister-state disciplinary action and criminal convictions without first seeking advice from a nursing license defense attorney. Other nurses fail to timely report these actions. Reporting these actions requires a balance between demonstrating you are safe to practice while also being careful not to divulge information that may negatively impact your nursing license. Our nursing license attorneys frequently assist nurses in reporting disciplinary and criminal actions to the Board of Nursing and/or the state.
At Chapman Law Group, we focus solely on the healthcare industry. We have 35 years of experience in license defense, regulatory compliance, healthcare-related criminal law, and professional liability. Our case results for nurses speak for themselves.
We work with nurses and other licensed healthcare professionals across Michigan — including Detroit, Dearborn, Troy, Ann Arbor and Grand Rapids — and Florida (Miami, Jacksonville, Tampa, Orlando and West Palm Beach).
You worked hard for your nursing license. We are here to help you keep it. Contact us today and let us put our know-how to work for you.
Our nursing license defense attorneys proved that the nurse, who tested positive for THC via CBD oil, violated the Nurse Practice Act.
The facts as alleged demonstrated that Plaintiff prisoner received medical care for her detox issues and that medical staff appropriately sent her to the hospital.
An investigation was opened against the CRNA by the DOH, and our expert witness found that, despite patient’s death, our client had met the standard of care.
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