What Happens If a Nurse Fails a Pre-Employment Drug Test?

Failing a pre-employment drug test can spell lifelong distress, especially for healthcare providers like nurses. Nurses are held to high standards due to the critical nature of their work. Therefore, a failed drug test can impact not only a nurse’s ability to have employment but also their professional license. 

It is important to understand what happens after failing a drug test and any available options to protect your license. At Lype, Dest, and Smith, our lawyers have experience representing nurses regarding drug testing in many scenarios. If you fail a pre-employment drug test, you need to seek the help of an advocate to help protect your license and livelihood.

What Happens After a Failed Drug Test?

When a nurse fails a pre-employment drug test, the immediate consequence is usually the withdrawal of the job offer. Employers in the healthcare industry have a responsibility to ensure that their staff is capable of performing their duties safely and effectively. A positive drug test can raise concerns about the nurse’s ability to deliver care safely, leading to an automatic disqualification from the hiring process.

Failing a drug test can have broader implications beyond losing a job opportunity. Nursing employers must report such incidents to the relevant licensing board—the Board of Nursing—which can lead to possible disciplinary action. Depending on the severity of the situation and the provider’s history, this could range from probation, referral to a peer assistance program, temporary suspension of the license, or even revocation. Additionally, these actions can become a part of the nurse’s professional record, making future employment opportunities more difficult to secure.

What Are Your Options to Keep Your License?

If you fail a pre-employment drug test, it’s essential to quickly take steps to protect your nursing license. The most basic step is to understand the circumstances that led to the failed test. If the positive result was due to a legitimate prescription medication, you could provide documentation to support your case. In case there was no prescription, you may have to prove the following:

• You have no addiction problem
• You can work safely
• You can work without active supervision

If the failed test reflects a substance abuse issue, another potential option is to enroll in a rehabilitation or monitoring program.. Many healthcare licensing boards have diversion programs designed to help healthcare providers recover while allowing them to retain their license. For Texas Nurses this is the Texas Peer Assistance Program for Nurses, also known as TPAPN. Participants in TPAPN are often required to provide regular drug testing,  see a counselor, and engage with other support services to ensure compliance and rehabilitation. Our Texas nursing board lawyers are adept at helping nurses assess their individual situations and understand whether it might make sense to voluntarily enroll with TPAPN. 

Be sure to consult with a Texas nursing license defense attorney immediately after you fail the pre-employment drug test. This is because your employer may report the incident to the board, and you may face an administrative complaint or suspension of your license. Your lawyer can help you dispute your drug test results or minimize the impact on your license if the results can’t be challenged. Our goal is to develop a strategy to protect your career.

Consult a Texas Nursing License Defense Attorney Today

Failing a pre-employment drug test doesn’t have to mean the end of your healthcare career. You have options to protect your license and continue to practice in your profession. If you find yourself in this situation, let a Texas nursing license defense attorney help you explore your options based on the unique circumstances of your case. Contact us today for a free case evaluation.

Darrin Dest

Darrin’s practices primarily in the areas of administrative and health care law, with a focus on the representation of professionals in front of their licensing boards and credentialing bodies. Darrin formerly worked for the Texas Medical Board and currently defends licensees.

Years of experience: 15 years
Bar numbers: 24065146
Location: Austin, TX