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Brandon M.
Brandon M., Counselor at Law
Category: Employment Law
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Experience:  Licensed attorney
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I failed a pre employment drug test in California. Im an RN.

Customer Question

I failed a pre employment drug test in California. I'm an RN. Will the BRN find out?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon M. replied 1 year ago.
Hello there:

Thank you for your question. I should start by clarifying that there are no guarantees, because even when there are procedures and standards in place, there is no guarantee that the people involved will follow the proper procedures. That said, a positive pre-employment drug test will typically not be reported to the state board of registered nurses. Even if the prospective employee waives their right to privacy, thereby allowing disclosure of the information, there, is generally no risk to the public if a non-practicing nurse tests positive with no additional evidence of impairment. Furthermore, any such report presents potential for a suit for defamation of character, and that risk, however slight, offers no benefit to the employer when the prospective hire is not even an employee. That said, if you do have a drug habit, the BRN has programs to help.
Brandon M., Counselor at Law
Category: Employment Law
Satisfied Customers: 12237
Experience: Licensed attorney
Brandon M. and 5 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you so much. I really don't have a drug problem. I do, however, smoke marijuana occasionally......but not anymore! I worked SO hard for my RN license that the thought of losing it is too devastating to continue to smoke! Thanks again. You really helped ease some anxiety for me!

Customer: replied 1 year ago.

Do you think they will report it to my current RN employer?

Expert:  Brandon M. replied 1 year ago.
For the previously mentioned reasons, that would ordinarily be extremely unlikely. Don't forget, also, that marijuana can be legally consumed in California. Honestly, just for future reference, even if it was reported to the board, the only action that they would typically take would be to require the licensee to enroll in drug counseling; assuming no one gets hurt, it would be extremely rare that there would be any other discipline by the board for a first or even second time marijuana-related concern.

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Brandon M.
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