Your manager asks you to come to his office and tells you he has received a report you smell like alcohol and look impaired so they would like you to give a urine screen. Or maybe you were in an accident while working and a screen is part of the policy. Or there are drugs missing so everyone is required to provide a drug screen. There are various possible outcomes and below are helpful hints other nurses have utilized that you may want to. ***This is not legal advice and I am not working as your attorney in any capacity, these are just an accounting of steps other nurses have used when they were in the same situation and are intended to be for information only***:
You give the screen: even if you know the screen should be negative does not mean that a mistake may not be made and the negative screen is now a positive and now evidence against you. So, make sure you then obtain your own screen as well. There have been nurses who did this and had a screen that showed negative while the one obtained at work showed up as positive. Getting your own screen can help you have evidence to prove your innocence.
You refuse to provide a screen: the biggest problem with this choice is the assumption that if you had obtained the screen it would have been positive. So it becomes an automatic assumption that the screen is positive and any argument is countered by "You would have given the screen unless you knew it was going to be positive, so we believe it to be positive." It doesn't matter if it is not true, you do not have the proof to show the screen was negative. So, if you refuse a screen at work for any reason, immediately obtain your own screen so you have something to support your assertion that the screen would have been negative. A nurse has obtained their own screen by use of a private physician or even a walk-in screening site. Be sure the drug in question or alcohol is included in the screen or else the screen is useless.
Type of screen to get: Make sure the screen covers the drugs in question or get a minimum of a 10 panel screen (tests for 10 different substances).
What to watch for: When providing a screen make sure the person obtaining the screen handles it correctly. They should wash their hands. The sample should be sealed in front of you with a strip across the specimen jar and this strip is signed by the nurse. The sample is then sealed in a sample bag that is signed. If the sample is poured into another specimen container it must be done in front of you prior to the sealing of the specimen. DO NOT sign the paperwork unless the sample is sealed in front of you. DO NOT LEAVE AN UNSEALED SPECIMEN!! When you sign the paperwork, you are confirming all fo this was completed.
Make sure you let the collector know any medications, prescribed and OTC, that you have taken and make sure it is all documented on the form. If the test is positive, the Medical Review Officer (MRO) will contact you to go over any medications you may have ingested.
Sometimes, the collector tries to take the position that no, you cannot write on or list anything of the requisition form. Insist on the ability to list medications and OTC substances you have taken because that is part of the collection policies. As an alternative, make a notation of any substances you have taken on the a piece of paper and get the collector to sign it confirming that you showed it to them for your records.
***This blog provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Web Site publisher/author. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.***
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