Tessa Quinn
In Florida, drug testing is a requirement in schools, hospitals, and other workplaces. Florida law permits employers to drug test their employees, but employees and applicants can take legal action based on how the test was conducted, who was tested, and how the results were used. Florida employers with a drug-free workplace program must test employees under reasonable suspicion of drug use, as part of a fitness-for-duty medical examination, and after an employee returns to work following rehabilitation for a positive drug test. While Florida has legalized the use of marijuana for medical purposes, nurses who test positive for marijuana can be reported to the Board of Nursing, which exists to protect the public. This can lead to disciplinary action and termination from a treatment program for impaired practitioners.
| Characteristics | Values |
|---|---|
| Legal right of employers to test | Florida law allows employers to drug test employees, but they must follow the state's requirements. |
| Legal rights of employees | Employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. |
| Grounds for legal claims | Violation of state laws and procedures, disability discrimination, invasion of privacy, defamation, etc. |
| Drugs tested | Alcoholic beverages, amphetamine, cannabinoid, phencyclidine (PCP), barbiturate, benzodiazepine, synthetic narcotics, designer drugs, etc. |
| Testing procedure | A written notice should be given 60 days in advance. All tests should be administered by a certified SAMHSA or FL-AHCA-approved laboratory and checked by a licensed medical professional. |
| Positive test results | Non-compliance or refusal to undergo testing may be grounds for discharge or being fired. Employees who test positive have five days to contest or explain the result. |
| Medical marijuana | Even with a valid certification, employers have the right to drug test employees or report them to the Board of Nursing if they are perceived as impaired at work. |
| Nurses and healthcare providers | It is common for nurses and healthcare providers to submit to random drug testing, even after employment. |
| Failure consequences | The Board of Nursing may require the nurse to attend a rehabilitation center or treatment facility. The nurse will likely have to self-report to the Intervention Project for Nurses (IPN). The Department of Health will require the nurse to relinquish their nursing license for a specified period. |
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What You'll Learn
Pre-employment and random drug testing for nurses
Florida law permits employers to drug test their employees, but employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. For example, if an employer does not provide the required notice of its testing policy or observe state procedural rights, they could face legal problems. Florida employers with a drug-free workplace program must test employees under certain circumstances, including on reasonable suspicion of drug use, as part of a routinely scheduled fitness-for-duty medical examination, and after an employee returns to work following rehabilitation for a positive drug test.
In the context of nursing, it is common for nurses to be subjected to pre-employment drug testing. This is to ensure that they are fit to work and to comply with Florida's drug-free workplace program. Nurses may also be required to undergo random drug testing during their employment, particularly if they are suspected of drug use or are returning to work after rehabilitation for a previous positive drug test.
If a nurse fails a pre-employment drug test, they may be required to self-report to the Intervention Project for Nurses (IPN), a case management program recognized by the Board of Nursing. The IPN will evaluate whether the nurse can safely perform their duties and may require the nurse to attend a rehabilitation center or treatment facility. During this time, the nurse's license may be suspended, and they may be unable to practice in Florida or other jurisdictions. After completing the necessary steps, the nurse may re-apply for their license and will be placed on probationary status, which may include periodic call-ins for random drug testing.
It is important to note that certain drugs, such as prescription medications, may show up on drug tests and result in a positive result. In such cases, the Americans with Disabilities Act (ADA) protects applicants or employees who are taking medication for a disability. Additionally, nurses who use medical marijuana with a valid certification may still be reported to the Board of Nursing if they are perceived as impaired at work.
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Legal rights of nurses regarding drug testing
In Florida, employers are permitted to drug test their employees, but they must follow the state's requirements and procedures. Employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. For example, if an employer does not provide the required notice of its testing policy, they may face legal repercussions. This notice must be given in writing, and employees must be given at least 60 days' notice before the policy is implemented.
In the case of a positive test result, employees must be given the opportunity to contest and explain the result. An employer may not take any adverse action, such as termination or discipline, based solely on the initial positive result. A confirmation test and medical review are required before any such action can be taken.
Employees who are taking medication for a disability are protected by the Americans with Disabilities Act (ADA). Some prescribed medications may show up on drug tests, and some drugs that are otherwise illegal may be legitimately prescribed for certain conditions.
In Florida, medical marijuana has been legalized for certain conditions. However, this does not mean that impairment by a nurse in a healthcare facility is legal. If a nurse is perceived as being impaired on the job, the employer has the right to drug test them or report them to the Board of Nursing.
Additionally, employers must ensure that the drug testing process is conducted in a way that does not violate the employee's privacy. For example, requiring employees to provide a urine sample without privacy could be considered a privacy violation.
It is important to note that federal law places few limits on employer drug testing. While federal law requires testing in certain safety-sensitive industries, it does not otherwise require or prohibit drug tests. The specific laws and regulations regarding drug testing in Florida can be complex, and it is always recommended to seek guidance from an experienced employment lawyer for individualized cases.
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Action taken against nursing licenses after a positive test
In Florida, a nurse who tests positive for drugs may face disciplinary action taken against their nursing license by the Florida Board of Nursing. This is considered a violation of the Nurse Practice Act. The Board of Nursing has penalty guidelines that it follows, ranging from fines, reprimands, and evaluations, to revocation of the nurse's license, depending on the severity of the case.
If a nurse tests positive for a drug, they have five days to contest or explain the result. It is important to seek advice from an experienced Florida nursing license defense attorney, preferably before contacting IPN Florida and before any licensing action begins. An attorney can help prepare a defense and negotiate options other than IPN and Board action against the license. For example, they can help demonstrate that the incident was isolated, and that the nurse is safe to practice without active supervision.
In some cases, the Department of Health (DOH) has brought allegations with little or no evidence to support its conclusions. An experienced healthcare attorney can help protect a nurse's license while addressing the issues with the Board of Nursing. For instance, nursing license defense attorneys have proven that a nurse who tested positive for THC via CBD oil, violated the Nurse Practice Act. After negotiations, the Department of Nursing settled the case with a reprimand, a small fine, and eight hours of continuing education classes.
It is important to note that employers or the Florida Board of Nursing often suggest IPN as a way to avoid licensing action. However, IPN may not always be the right option, especially for nurses who do not have addiction problems. The program can be expensive and difficult to maintain, and it can still result in action taken against a nursing license.
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Drugs and substances tested for in Florida
Florida has a drug-free workplace program regulating drug testing. Employers who implement this program may be eligible for discounted workers' compensation insurance premiums. However, they must adhere to the state's rules to receive this discount. Drug testing is often a routine step in the pre-employment screening process. A 5-panel drug test is a type of drug test that detects five types of illegal substances and commonly abused prescription drugs. Typically, a urine sample is collected for the 5-panel drug screening, but sweat, hair, blood, or saliva may also be tested. A 5-panel drug test identifies metabolites in an individual’s system, which are chemicals that remain after the body metabolizes certain substances, such as food or drugs. They typically screen for metabolites linked to the following drug types: amphetamines (e.g. ecstasy, crystal meth, or Ritalin), phencyclidine (PCP), cocaine, opiates, and cannabis. Although 5-panel tests do not screen for the presence of alcohol, labs may offer an add-on to include alcohol detection.
In Florida, drug testing may also be required to prove that an applicant is fit to work. A written notice for the testing should be given 60 days in advance as declared by law. All Florida drug testing should be administered by a certified SAMHSA or Florida Agency Health Care Administration (FL-AHCA)-approved laboratory. Then, it must be checked by a licensed medical professional. Non-compliance or refusal to undergo the testing may be grounds for discharge or termination. For job applicants, a positive Florida drug-testing result will hinder any chance of being hired. Companies are legally bound to compensate employees who undergo testing and produce negative results. If the initial result is negative, companies can request a confirmation or "second" test.
In Florida, the word "drugs" is a broad term for abused chemical substances, whether medical or otherwise. The following drugs may be tested for in a person: alcoholic beverages (e.g. wine or intoxicating liquors), amphetamine, cannabinoid, phencyclidine (PCP), barbiturate, benzodiazepine, synthetic narcotics, and designer drugs. If a person tests positive, the state requires that they go through a "drug rehabilitation program" to help the addict recover from substance abuse.
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Medical marijuana and the Board of Nursing
In the United States, each state has its own laws and regulations regarding drugs, drug control, and abuse. While some states have legalised the use of marijuana for medical purposes, the federal government still categorises marijuana as a Schedule I controlled substance. This means that federal employees, including nurses, are prohibited from using medicinal or recreational marijuana, regardless of state laws.
In Florida, marijuana has been legalised for medical purposes, but not for recreational use. The Board of Nursing exists to protect the public, not nurses. Nurses in Florida are required to have a working knowledge of the current state of legalization of medical and recreational cannabis use. They should also be aware of the facility or agency policies regarding the administration of medical marijuana and always check with the local Department of Health for more information.
If a nurse in Florida has a valid certification for the use of medical marijuana, they can show it to their employer. However, if they are observed at work or perceived as being "impaired" on the job, the employer has the right to drug test them or report them to the Board of Nursing. This is because, under current Florida law, being impaired on the job is grounds for disciplinary action against a healthcare practitioner.
The National Council of State Boards of Nursing (NCSBN) is a non-profit organization that provides guidance and counselling to boards of nursing on matters of common interest and concern affecting public health, safety, and welfare. In 2015, the NCSBN formed the Regulatory Implications of Legal Cannabis Committee to address the lack of guidelines available to nurses caring for individuals using marijuana. This committee was expanded in 2017 to include the NCSBN Marijuana Regulatory Guidelines Committee, which aimed to provide national nursing guidelines for medical marijuana.
While the legalization of medical marijuana in Florida allows nurses to obtain and use it, it does not make impairment by a nurse in a healthcare facility legal. Nurses in Florida should be aware that testing positive for marijuana use can lead to disciplinary actions and that their employer has the right to protect the public if they perceive impairment.
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Frequently asked questions
Yes, hospitals in Florida drug test nurses. In Florida, employers with a drug-free workplace program must test employees on reasonable suspicion of drug use, as part of a routinely scheduled fitness-for-duty medical examination, and after an employee returns to work following rehabilitation for a positive drug test.
If a nurse tests positive for drugs, they may be required to self-report to the Intervention Project for Nurses (IPN). If they choose not to self-report, the hospital will likely report them. The IPN is the only case management program recognised by the Board of Nursing and is comprised of case managers, administrative staff, and psychiatrists, psychologists, and addictionologists. Their main goal is to determine whether the nurse can safely perform their duties. If the IPN deems the nurse unfit to perform their duties, they will receive correspondence from the Department of Health requiring them to relinquish their nursing license for a specified period.
If a nurse is taking prescription drugs that may contain prohibited drugs, they may fail their drug test. However, they would be protected by the Americans with Disabilities Act (ADA).
Although medical marijuana is legal in Florida, nurses are not allowed to be impaired by it while working in a healthcare facility. If a nurse is observed or perceived as being impaired on the job, the employer has the right to drug test them or report them to the Board of Nursing.
