What Happens If I Fail A Pre-Employment Drug Test In Tennessee?
By: Kirsten Brown
Drug testing is a standard practice in the workplace, and many employers participate in programs like Tennessee’s Drug Free Workplace Program, which incentivizes employers to implement drug testing as part of maintaining a safe and compliant work environment. For healthcare practitioners, drug testing is often a legal requirement, and failing a pre-employment drug test can have significant professional and legal consequences. It may lead to the loss of a job opportunity, jeopardize current employment, or even result in disciplinary action against your professional license. Understanding the drug testing process can help you navigate these situations effectively.
Healthcare professionals in Tennessee are governed by the Practitioner’s Practice Act, which ensures the public’s safety and promotes high standards of care by those in the profession. The Act applies to licensed healthcare providers who deliver direct patient care, such as nurses, medical examiners, dentists, and chiropractors (and any person required to be licensed under Tennessee’s healthcare laws by any healthcare board). Under the Act, practitioners are subjected to various drug testing procedures, and a refusal to submit or a positive test can result in a violation of the Act. Such violations may lead to serious consequences including licensure suspension and revocation. A positive drug test may arise from knowingly using drugs, an unintended result due to medication, or even a false positive. Drugs tested for under the Act include marijuana, cocaine, amphetamines, phencyclidine (PCP), and opioids. Notably, prescription drugs may contain small amounts of these substances, which may lead to a positive result, leaving the practitioner uncertain about the outcome. A drug test is only considered positive for purposes of further consequences when confirmed by a different secondary test on the same sample.
Under Tennessee law, healthcare practitioners who test positive for drugs have several options for addressing the situation. Once notified of a positive result, you have three business days to take one of the following actions:
- Produce a valid and lawful prescription for the drug;
- Produce a valid and legitimate medical reason for using the drug (supportable by a prescriber’s written recommendation); or
- Report to the substance abuse peer assistance or treatment program under the appropriate professional board (e.g., the board of nursing).
If you can provide either a lawful prescription or a valid medical reason for the drug use, your employer is not obligated to notify the licensing board, and there should be no further consequences.
However, if you cannot provide these documents, you must report to the substance abuse peer assistance or treatment program established under your professional board (e.g., the board of nursing). You must obtain and continue to maintain the advocacy of the substance abuse peer assistance/ treatment program until completion. If you are in compliance with the program, your employer will not be required to notify the licensure board of the positive test result, and thus your license will not be subject to revocation or suspension.
Failure to provide the appropriate documentation or report to the substance abuse program within the three-day window will result in a violation of the Practitioner’s Act. In such a circumstance, your employer must report the positive drug test to the licensing board and the Tennessee Department of Health within ten business days. Alternatively, non-compliance with the substance abuse program will also result in a violation of the Practitioner’s Act. The program is obligated to promptly report the non-compliance, which will lead to the suspension of your professional license.
Your response to a positive drug test can have a significant impact on your professional license. In Tennessee, conformity with the above stated procedure and conditions will protect your license from discipline as the board “shall not” suspend or revoke your license for a positive drug test or refusal to submit under such circumstances. However, the board “shall” suspend your license for failure to comply. (TN Code § 63-1-126). Therefore, it is crucial to understand the law and your rights.
Additionally, it is important to familiarize yourself with your employer’s specific drug testing policies, as they may have additional requirements or consequences in the event of a positive test. Consulting with an attorney can also help ensure you are fully informed and able to navigate the process effectively.
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It should be noted that I am not your lawyer (unless you have presently retained my services through a retainer agreement). This post is not intended as legal advice, it is purely educational and informational, and no attorney-client relationship shall result after reading it. Please consult your own attorney for legal advice. If you do not have one and would like to retain my legal services, please contact me using the contact information listed above.
All information and references made to laws, rules, regulations, and advisory opinions were accurate based on the law as it existed at this time, but laws are constantly evolving. Please contact me to be sure that the law which will govern your business is current. Thank you.