Any advice?

[CRNAspa]

An afterthought...did the lab your wife used follow a chain of custody protocol? If they did not, or the protocol they use isn't up to standards, you might have an avenue to follow in that direction as well. We all assume the labs must know what they are doing. You'd be surprised at how many simply don't follow strict protocol.

You might also consider hiring an attorney familiar with dealing with this sort of issue. The American Association of Nurse Attorneys should be able to provide you with names in your area.
The American Association of Nurse Attorneys (TAANA)

Keep us posted.

Prayers for your family.

Jack

[tpc]

Originally Posted by CRNAspa

An afterthought...did the lab your wife used follow a chain of custody protocol? If they did not, or the protocol they use isn't up to standards, you might have an avenue to follow in that direction as well. We all assume the labs must know what they are doing. You'd be surprised at how many simply don't follow strict protocol.

You might also consider hiring an attorney familiar with dealing with this sort of issue. The American Association of Nurse Attorneys should be able to provide you with names in your area.
The American Association of Nurse Attorneys (TAANA)

Keep us posted.

Prayers for your family.

Jack

Yes. Chain on Custody was followed.

I truly believe something got into her system that flagged it as Ultracet. She never took anything. She's been clean for 4 years. Even the test prior to this one came back clean. And as far as we know, the one after since we didn't get a phone call. Just this one sample. Well A and B samples. We scoured the internet to see what may have caused it. Possibly the Comtrex. But since she signed a contract, nothing matters. The nursing board can do exactly what they wanted in this situation.

[CRNAspa]

Originally Posted by tpc

Yes. Chain on Custody was followed.

I truly believe something got into her system that flagged it as Ultracet. She never took anything. She's been clean for 4 years. Even the test prior to this one came back clean. And as far as we know, the one after since we didn't get a phone call. Just this one sample. Well A and B samples. We scoured the internet to see what may have caused it. Possibly the Comtrex. But since she signed a contract, nothing matters. The nursing board can do exactly what they wanted in this situation.

Is this a permanent revocation of her license? If so, and she didn't take Ultram (which I believe she didn't), pursuing any and all options can't make anything worse as it pertains to the board of nursing.

Your wife's situation is exactly why the first question I ask of anyone contacting me is, 'do you have an attorney'. Most nurses make the decision regarding an attorney based on 2 things; I can't afford it and the board will be angry and be harder on me. Nurses also have have the notion that the board will make decisions based on what's best for the nurse. In reality, the board's only concern is protecting the public. When you combine that mind-set with an appalling lack of understanding of the disease of addiction, you get a group making decisions based on what I call the "3Ms"...Myth, Misbelief, and Misunderstanding. Not a combination that leads to good decisions. Consulting an attorney to see if there may be avenues that may help your wife eventually regain her license might be money well spent. Doing nothing guarantees she won't practice again.

Having a sample of your wife's hair tested by an independent lab using the same chain of custody could open the door to this situation. It's very difficult to tamper with a hair sample. Urine has several problems with being the single method of definitive testing. One advantage that hair testing has over urine is it gives a record of substances ingested over several weeks or months, depending on the length of the hair. Hair grows at a rate of 1/2 inch per month. Depending on the length of the sample taken, the lab can determine what substance was ingested and at what time of the month.

Just some things to think about. Let me know if I can be of any further assistance.

[dlf2007]

I agree with CRNAspa...legal help would be beneficial. If there's a problem regarding affordability, there are resources out there that can help. Does your state have a Nursing Association? I'm in MA and we have MNA (Mass Nurses Association). Something like that could probably give you some options regarding legal avenues. And I don't know how you would go about this, but, maybe there's a way to get a hair strand test on your own????? I wish you all the luck, peace and happiness no matter what happens.

[tpc]

She was suspended for one year. And after she does everything the board has asked under contract, then they will consider giving her license back.

There's been so much going on right now, I haven't brought up legal council or hair sample testing. Maybe this weekend will be a good time. See where she stands on the idea and what she's considering to do about getting her license back.

Thank you again for your help. It means a lot.

[CRNAspa]

Originally Posted by tpc

She was suspended for one year. And after she does everything the board has asked under contract, then they will consider giving her license back.

There's been so much going on right now, I haven't brought up legal council or hair sample testing. Maybe this weekend will be a good time. See where she stands on the idea and what she's considering to do about getting her license back.

Thank you again for your help. It means a lot.

Ahhhhhhh...suspended for a year. So there is hope she can get her license back. It's not a forgone conclusion that her license is permanently revoked, correct?

Until such time as you guys decide to have the hair test done and/or seek legal advice, she needs to focus on her recovery. Increased meetings, spend more time with her sponsor(s) (having more than one can be very helpful), really working on the 12 Steps (if she's part of a 12 Step group), etc.

Depending on spiritual beliefs, there are recovery groups provided by a variety of organizations and spiritual beliefs. I myself participate in Celebrate Recovery, which is a Christian based group started through Saddleback Church (Rick Warren's church in San Diego). There are Jewish, Quaker, Muslim,groups and more. There are also numerous secular organizations. Here's one example:

Women for Sobriety
P.O. Box 618
Quakertown, PA 18951
Tel: 215-536-8026
Welcome to Women For Sobriety, Inc.

You'll find an extensive list of support groups and organizations at this link:
Recovery Resources

Sometimes a setback like this can strengthen a person's recovery. The first step of the 12 Steps says "We admitted we were powerless over our addiction(s) , and our lives had become unmanageable." There are SOOOOOOOO many things in our life that are beyond our control. This could be one of those instances.

As the serenity prayer says so well:

"Grant me the serenity...to ACCEPT the things I CANNOT CHANGE (people, places, things)

The COURAGE to CHANGE THE THINGS I CAN (Me and my character defects, flaws, etc.)

And the WISDOM to KNOW THE DIFFERENCE!

I'm going to ask 2 questions which you may or may not answer (or can't answer). Why isn't your wife here asking these questions? Second, are you attending Al-Anon or some other support group to help you deal with those things the significant other and family/friends have to deal with? When I found out my daughter had an eating disorder and was addicted to cocaine and amphetamines, I discovered there was a whole different set of emotions and unhealthy things I had to learn to deal with as a result of HER diseases. While the things I've learned for my own recovery were helpful, there were a whole new set of things I didn't expect to experience that had to be dealt with in a healthy manner.

You and your wife are in my prayers.

Jack

[09896star]

Originally Posted by CRNAspa

Why won't they allow hair to be tested?

You might want to consider having her hair tested. If the results come back negative for the time period they say her urine was positive for the Ultram, you might have a strong case for over-turn of the nursing board's decision.

Here's a link to FAQ about hair testing
Omega Laboratories*-*Hair Testing FAQ

Jack

I can't believe that. I am curious what state you live in. I just lost my job for diverting and am facing the same long road. I feel like dying. That I really did this to my family. I am a good nurse and have never had any complaints against me in any way. Pharmacy caught the discrepency and Now I am without a job and I don't know what to expect. I self referred into the Diversion Program. I guess time will tell when I can go back to work if ever.

[09896star]

I have a question for Jack. I'm an RN and just lost my job with a big hospital. I referred myself to the BRN to the Diversion Program. I will find out if they will accept me or not soon I hope. I am devastated. Do I have a chance in working again as an RN?

[CRNAspa]

Originally Posted by 09896star

I have a question for Jack. I'm an RN and just lost my job with a big hospital. I referred myself to the BRN to the Diversion Program. I will find out if they will accept me or not soon I hope. I am devastated. Do I have a chance in working again as an RN?

There are variables in all cases that determine your ability to practice again. Which state you practice in, what the nurse practice act says about returning to practice, what the practice act says about criminal records (i.e. treatment in lieu of conviction), time away from practice, type of treatment required, return to work contracts, monitoring, report to the National Practitioner Data Bank and the Office of Inspector General, etc.

The bottom line is many health care professionals have successfully returned to practice. The main goal right now is to throw yourself into achieving and maintaining a solid program of recovery. Everything flows from that. No recovery, everything else falls apart.

If you have specific questions I'll do my best to find the information.

Jack

[tpc]

My wife is going today to look into it. She's skeptical because the board has spoken clearly that no other results would sway their decision. She signed a contract stating that only urine test would be taken and that's all they care about.

But we will try. I'm really trying to persuade her to not give up on this.