The New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) may have temporarily taken your medical license away due to your drug or alcohol abuse issue. However, you may have worked hard to attend rehabilitation programs and stay sober during this suspension. But even in proving so, you may not feel like your employer, colleagues, or patients trust you. This is why you may take offense to being asked to submit to drug or alcohol testing. Read on to discover whether your employer will order you to do drug or alcohol testing when returning to your job post and how a seasoned New York substance abuse lawyer at Walker Medical Law can help you prepare for this possibility.
Will my employer conduct drug or alcohol testing after my medical misconduct incident?
You must understand that New York State enforces certain drug testing laws that all employees, even medical professionals like yourself, must comply with. First of all, there are currently no state laws that prevent employers from using any specimen for drug or alcohol testing purposes (i.e., urine, saliva, hair follicles, etc). Further, no laws inhibit employers from conducting random drug testing. This is unless such drug testing has to do with marijuana. And as far as alcohol testing goes, employers must have a legitimate reason (i.e., workplace concerns) to order such tests. This is because, evidently, alcohol is not an illegal substance.
This is all to say that your employer may ask you to submit to random drug testing at any point after returning to your post in the medical facility. They may ask you to participate in alcohol testing if someone expresses concerns that you may be under the influence. Or, if your erratic behavior while on the clock gives them reason to believe that you are intoxicated. Also, you must anticipate the possibility that your employer may make your return to your job post contingent on your continued attendance at rehabilitative programs or drug or alcohol addiction meetings.
What are the consequences of failing a drug or alcohol test again?
You should not take for granted your medical license being reinstated after your drug or alcohol abuse incident. Also, you should be grateful that your employer has allowed you to assume your role at the medical facility once again. Simply put, you cannot and should not fail a drug or alcohol test after your medical misconduct incident. This is because, this time around, the OPMC or OPD may not hesitate in permanently revoking your medical license. Ultimately, you may have run out of chances to prove yourself.
If you find yourself at a crossroads, please seek the sound advisement of a competent OPMC/OPD misconduct defense lawyer. Someone at Walker Medical Law will stand by your side at a moment’s notice.
