This is the next article in my series on facing a nursing license suspension or revocation in our state. My last post discussed the Arizona State Board of Nursing proceedings which involve criminal charges. It is important to remember that the Board can move forward with its proceeding even if one pleads to a “lesser offense” in their criminal case. Having an experienced attorney is a vital step towards your professional interests. In this article, I will discuss how allegations of drug or prescription abuse can impact a nurse’s future. If you are in need of assistance then contact my office to speak with a Phoenix lawyer.
Drug & prescription issues are commonly raised before the Arizona Nursing Board
One of the most common issues raised before the Arizona State Board of Nursing is an allegation of drug or prescription abuse. Such allegations typically come before the Board through one of multiple ways. First, and commonly, a nurse is arrested for drug possession or stealing prescriptions. As explained in my last article, one must self-report such a charge to the Board or else they may face additional allegations of misconduct. Second, a hospital administrator, doctor, or nurse may observe such conduct and report it to the Nursing Board. Finally, family members or others outside of the medical community may make a report to the Board. However the matter is initiated, one can expect the Board to act quickly.
When the Board receives a Complaint involving drug use, the nurse should expect to be asked to submit to a voluntary drug test. While this test may be “voluntary,” a refusal will typically result in the Board ordering the test on an emergency basis. The Board will also conduct an investigation and the nurse may be required to undergo drug testing and/or a psychological investigation. A nurse may request to be considered for an Alternative to Discipline (ATD) program. There are several factors which will determine whether ATD is permitted. While engaging in such a program, the nurse may continue working but will have restrictions on the duties which they may perform. The amount of time which one will spend in an ATD program depends on several factors. If the program is successfully completed, then the nurse can expect to continue working without restrictions. They can also expect to not have a record of formal discipline.
If the nurse is not permitted to enter an ATD program, then the Board will proceed with the matter. It is important to understand, however, that in many situations the Board’s goal is not to punish the nurse or forever bar them from the profession. Instead, the Board will often be open to a resolution which involves treatment and rehabilitation. While it can be highly difficult to outright defend such allegations (though not impossible), it should be remembered that a resolution which allows the nurse to either continue working, or to come back to nursing in the future, can often be reached.
Retain a Phoenix nursing defense attorney immediately if you face drug-related allegations
If you are facing drug-related allegations before the Arizona State Board of Nursing then it is crucial that you retain a lawyer to protect your interests. It is common for nurses to believe that there is “nothing they can do” once they are notified of disciplinary proceedings. The truth of the matter, however, and as explained above, is that the profession is often focused on helping nurses to move their lives forward. The goal is not to punish individuals for having personal problems. An experienced attorney can guide you through the process and will be charged with helping you to find the best possible solution. This includes either attempting to defend the allegations outright or reaching the best possible resolution.
I am a Phoenix nursing defense attorney who believes that everyone is entitled to vigorous representation and respect. I understand that this is a crucial time in your life and few things are as serious as one’s career. If you are in need of assistance then contact my office online or by telephone to schedule an initial consultation. I look forward to speaking with you. My office also services Maricopa County areas like Mesa, Glendale, Scottsdale, Chandler, and Gilbert, as well as Pima County residents in Tucson.