Can Arizona Nursing Board Probation Require Drug Testing?

Probation is offered through a Consent Agreement.  The Consent Agreement requires the nurse to do certain things (drug testing, work supervision, counseling, continuing education).  Or alternatively, refrain from doing things (unsupervised nursing like home health, working under the Nursing Licensure Compact, using alcohol, etc.).

Nurses who hold a license or certification in Arizona can face license actions by the AZ Board of Nursing for any investigatory matters.  If the AZBN determines formal licensing action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Arizona Nurse Practice Act (“NPA”) and Arizona law.  Thus, at an Arizona Nursing Board Meeting the Board will vote to determine the outcome of each investigation, thus, a defense attorney may be needed.  The Board can vote on a non-disciplinary outcome or vote to offer the nurse formal discipline.

Arizona Nurse Drug Testing

The following are standard terms for anyone that is required to submit to drug testing under a Consent Agreement with the Arizona Board of Nursing.

Program Enrollment: Within 7 days of the effective date of the Order, and throughout the term of the Order, the nurse shall enroll and remain enrolled in the Board approved third party program for random drug and alcohol testing program. Drug testing may include testing of urine, hair, nail, saliva, or blood, as determined by the Board or the Board’s designee.

Testing Frequency: For random urine drug testing, the nurse shall submit a urine specimen a minimum of twice per month throughout the term and for at minimum, the first 18 months of the term, and until receiving written authorization from the Board or its designee that the frequency of drug testing may be reduced. Thereafter, the nurse shall submit a urine specimen a minimum of once per month for the duration of the Order and may be required to submit a specimen more frequently, as determined by the Board or its designee.

If Traveling: The nurse shall provide, in advance of travel or unavailability, at least 3 calendar days’ written notice to the drug testing program and to the Board’s designee of any out-of.town travel or other unavailability to test. All requests to be temporarily excused from drug testing must be approved in advance by the Board or its designee.

Missed Test Due to Illness: Within 7 days of a missed drug test due to an unexpected illness, the nurse shall provide the Board or the Board’s designee with written documentation from a medical provider stating that the medical provider personally examined the nurse on the day of the missed drug test and that the nurse was not physically able to report to the laboratory for drug testing.

Non-Compliance: At any time during the term of this Order, failing to submit to two or more random drug tests; or failing to submit to a drug test on a day when a drug test has been requested by the Board, its designee, the nurse’s healthcare employer, or the drug testing program will constitute noncompliance with the Order and the nurse’s license shall be automatically revoked for at minimum 5 years, NOT subject to further review. A positive drug test showing evidence of any substance (alcohol or drug) other than an authorized drug may result in Board staff notifying the nurse’s employer.

Working Nights While on Probation

So, Can You Work Nights While on Probation with The Arizona Board of Nursing? No, unless the Board agrees to allow the nurse to work nights for a specific employer or if the nurse is granted an amendment after they have signed a Consent Agreement.  All licensed nurses on probation via a Consent Agreement with the Arizona Board of Nursing have practice related requirements.  The standard Consent Agreement contains the following terms:

• The nurse shall work only the day or evening shift. Evening shift is defined as a shift that ends prior to midnight.
• Within a 14-day period, the nurse shall not work more than 84 scheduled hours. The nurse may work three 12-hour shifts in one 7-day period and four 12-hour shifts in the other 7-day period, but the nurse may not work more than 3 consecutive 12-hour shifts while on probation.
• The nurse shall not work 2 consecutive 8-hour shifts within a 24-hour period or be scheduled to work 16 hours within a 24-hour period.

Thus, if a nurse on probation with the Arizona Board of Nursing wants to work at night, they must get permission from the Board first. 

If you’re interested in learning more about our Arizona Nursing License Probation services and how to protect your rights, set up a consultation with Chelle Law and our Arizona Nursing Attorney reach out to us today.