Tag Archive for: Missouri Nurses’ Rights

Defending Against Substance Abuse Allegations: Missouri Nurses’ Rights and Options

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Understanding Disciplinary Actions, Rehabilitation Opportunities, and Legal Strategies for Protecting Your License

Allegations of substance abuse can jeopardize everything a nurse has worked for. In Missouri, the State Board of Nursing takes substance-related complaints seriously, especially when there is a risk—or perceived risk—of impaired practice or patient harm. However, the goal is not always punishment. The Board also recognizes substance use disorder as a medical condition and, in many cases, offers rehabilitative alternatives to permanent license loss.

At Sanger Law Office, LLC, we represent Missouri nurses who are under investigation for substance abuse. Whether the concern stems from a failed drug test, a DUI arrest, workplace behavior, or a self-reported addiction issue, we help nurses navigate the disciplinary process, explore their options, and protect their licenses through strategic legal advocacy.

What Triggers Substance Abuse Investigations for Missouri Nurses?

The Missouri State Board of Nursing may initiate a substance-related investigation if it receives:

  • A complaint from an employer about suspected impairment at work
  • A report of drug diversion (e.g., missing narcotics or forged records)
  • A positive drug screen during pre-employment, post-incident, or random testing
  • A DUI, drug possession, or criminal conviction involving controlled substances
  • A referral from a treatment provider, court program, or peer assistance service
  • A voluntary self-report from a nurse seeking help

Even if the conduct occurred outside of work or didn’t involve patient care, the Board can still investigate if it believes the behavior calls your fitness to practice into question.

Missouri Board of Nursing Disciplinary Options for Substance Abuse

If the Board concludes that substance abuse may be affecting your ability to practice, it can take disciplinary action under the Missouri Nurse Practice Act (RSMo Chapter 335). Outcomes vary based on the circumstances but may include:

  • Letter of concern or censure (in lower-risk, first-time incidents)
  • Probation with mandatory drug testing, supervision, or limited practice
  • Participation in a Board-approved rehabilitation or monitoring program
  • License suspension (temporary or indefinite)
  • Voluntary surrender of license while in treatment
  • Permanent revocation in cases of repeated noncompliance or serious misconduct

Many nurses are eligible for non-punitive alternatives—but you must act quickly and correctly to take advantage of those programs.

Alternative to Discipline: The Missouri Alternative Program

The Missouri State Board of Nursing Alternative Program offers a confidential, non-disciplinary option for nurses who admit to having a substance use disorder and are willing to comply with strict treatment and monitoring terms.

Eligibility typically requires that you:

  • Voluntarily admit a substance use problem
  • Are not currently facing criminal charges for drug diversion or patient harm
  • Have not previously been disciplined for the same issue
  • Are willing to abstain from all controlled substances
  • Agree to long-term monitoring, treatment, and regular drug testing

Entering the Alternative Program can protect your license from formal discipline and keep your record confidential—but failing to comply can result in immediate license suspension.

Legal Defense Strategies for Substance Abuse Allegations

Every case is different, but the right legal defense can mean the difference between license retention and permanent loss. Possible defense strategies include:

1. Challenging the Validity of the Evidence

If the allegation stems from a drug test, charting discrepancy, or coworker report, we may be able to:

  • Question the chain of custody or accuracy of test results
  • Expose workplace retaliation or ulterior motives
  • Demonstrate that medications were legally prescribed and used correctly

2. Demonstrating an Isolated Incident or No Risk to Patients

If the event was an isolated personal matter (such as a DUI not connected to work), we may argue that:

  • The conduct does not impair your nursing practice
  • No patient safety issue existed
  • Disciplinary action would be disproportionate

3. Negotiating Probation or Alternative Terms

If substance use is acknowledged, we can work with the Board to:

  • Negotiate structured probation instead of suspension
  • Obtain approval for treatment and monitoring programs
  • Avoid public discipline by entering the Alternative Program

4. Presenting Evidence of Recovery and Rehabilitation

A strong legal defense includes presenting:

  • Documentation of sobriety and negative drug screens
  • Participation in treatment or counseling
  • Letters from therapists, sponsors, employers, or supervisors
  • Evidence of ongoing support (e.g., AA, NA, aftercare plans)

Our firm helps you assemble a compelling record of recovery that shows the Board you’re committed to returning to safe, responsible practice.

Your Rights During a Missouri Board Investigation

If you are under investigation or have been notified of a potential disciplinary action:

  • You have the right to legal representation at all stages
  • You are not required to speak with Board investigators without counsel
  • You may request a hearing to contest findings or proposed discipline
  • You have the right to review evidence and present a defense

Attempting to handle the process alone—or saying too much without guidance—can lead to unintended consequences. A qualified attorney can protect your interests and ensure your side of the story is fully considered.

How Sanger Law Office, LLC Supports Missouri Nurses

We understand how overwhelming and isolating substance abuse allegations can be. At Sanger Law Office, LLC, we support our clients by:

  • Evaluating your eligibility for rehabilitation-based alternatives
  • Responding to Board inquiries and drafting official responses
  • Representing you during investigations and disciplinary hearings
  • Negotiating terms of probation or structured monitoring
  • Preparing petitions for reinstatement if your license has been suspended or surrendered

Our goal is to help you recover your career, preserve your license, and move forward with dignity and support.

Call Danielle Sanger For a Free Consultation

If you are a Missouri nurse facing allegations of substance abuse, don’t wait until it’s too late. Early intervention, legal support, and the right strategy can help you protect your license and begin the path to recovery.

📞 Call Sanger Law Office, LLC today for a free consultation:
(816) 520-8040 for Missouri
(785) 979-4353 for Kansas

Let us help you fight for your license—and your future.