Will I Lose My License if I Seek Treatment for a Substance Use Disorder?

Substance abuse disorder does not make an exception for high achievers. In fact, the high-stress environment that many nurses voluntarily enter day after day—combined with their immense empathy for others suffering from tremendous pain—can lead nurses to seek relief in ways that cause them harm.

Once a nurse recognizes that they have a problem requiring treatment, they shouldn’t have to worry about losing their professional license. However, they realize that nurses face stringent behavioral and ethical standards, and consider the possibility that admitting substance abuse problems might brand them as “unfit.”

You are right to be protective of your nursing license. However, there is a strong chance that seeking treatment for your substance abuse disorder will not cause you to lose your license. That said, you should tread carefully, allowing the LLF National Law Firm Professional License Defense Team to advise and guide you through this pivotal (and positive) time in your life.

You are ready to ask for help, so do it twice. While you get help for your substance abuse disorder, also accept help from us. Whether or not you face adverse action after admitting your struggles, we can help.

Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online.

What Qualifies as a Substance Use Disorder?

The Centers for Disease Control and Prevention (CDC) defines a substance use disorder as “a treatable, chronic disease characterized by a cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems.”

A nurse might recognize that they have a substance use disorder if they:

• Use any substance in a manner that is significantly detrimental to their health

• Use a substance in a way that endangers others

• Have a desire to stop using a substance, but have not proven able to do so

• Recognize adverse consequences from their substance use, possibly including in their career and personal life

Note the word “treatable” in the CDC’s definition of substance use disorders. The caveat is that many suffering from substance misuse need intensive, prolonged treatment—the inability to treat oneself in a way that produces long-term recovery is one of the hallmarks of these disorders.

Substance Use That Could Interfere with Your Well-being and Career (Even If They Don’t Meet the Diagnostic Criteria of a Disorder)

Americans have access to virtually any substance they can think of, and even a responsible, career-driven nurse is not immune to the dangers of:

• Alcohol

• Amphetamines

• Opioids

• Cocaine

• Crack cocaine

• Benzodiazepines

• Hallucinogens

Even marijuana, which is not typically associated with substance use disorders, can be used in a disordered manner. Many Americans also struggle with addictive behaviors around nicotine, kratom, synthetic cannabinoids, and over-the-counter medications. If you feel that any substance is harming your quality of life, you may be a candidate for treatment.

The fact that mental health and substance use disorders often feed off one another can heighten the urgency for treatment. The substance use may be a symptom of deeper-lying issues, which for nurses can include post-traumatic stress disorder (PTSD).

Addressing Some Common (and Legitimate) Fears Among Nurses Suffering from Substance Misuse

Many nurses hesitate to disclose their substance use problems to their superiors, and even seek life-saving treatment, because they have legitimate fears. Some of the most common concerns nurses have about revealing their struggles are:

• That they will permanently lose their license

• That their license will be suspended

• That they will lose their income and benefits as a result of punitive action

• Stigma that can arise from an admission of substance-related struggles

• Fear that they will have to endure an invasive investigation and potential disciplinary proceedings, rather than experiencing a compassionate response from the nursing board

• Loss of future promotion opportunities if their disclosure of a substance use disorder is held against them

Anyone who has struggled with a substance can also tell you that the fear of the unknown can be paralyzing. Often, nurses and others who admit their struggles are met with overwhelming support, but it is natural to think of the worst-case scenario rather than the more likely, compassionate response.

You will experience nothing but compassion, support, and valuable assistance from the LLF National Law Firm. You should contact us right away, as we will help you disclose your struggles in a manner that minimizes the risk of professional harm, stigma, and detrimental responses to your courageous plea for help.

So, Will I Lose My License If I Seek Help for My Disorder?

Now, to the question you come here for an answer to: Am I going to be stripped of my nursing license if I disclose my harmful substance use?

The answer to this question can depend on several considerations, including:

• Whether you voluntarily report the substance use: The Texas Board of Nursing’s policies cite “self report” as one of the “mitigating circumstances” considered during the disciplinary process.

• If any patients were endangered or harmed by the substance use: Florida statutes explain that when “no complaint against the licensee other than impairment exists, the reporting of such information shall not constitute grounds for discipline.” However, if a nurse faces a complaint of harming or endangering a patient, they may face formal discipline, including license revocation.

• The nurse’s eligibility for their nursing board’s Alternative to Discipline (ATD) program(s): State nursing boards generally have specific criteria for a nurse to avoid immediate sanctions through an ATD program. In New Mexico, for instance, the nurse must have a substance use disorder or be “showing signs of misuse,” be willing to enroll voluntarily, submit to monitoring, and “want a pathway to recovery and professional accountability.”

• Whether the nurse engaged in any criminal behavior or other prohibited conduct in the course of their substance use: Most states may proceed with disciplinary action if they find that the nurse is convicted of a criminal offense related to the substance abuse. This may not prevent the nurse from getting treatment through their nursing board’s programs, but it may prevent the nurse from avoiding discipline.

• The nurse’s disciplinary history: If a nurse has a prior disciplinary history (related to the substance use disorder or not), this may increase the likelihood that they may face discipline for reporting their substance-related struggles.

• The nurse’s attitude during the reporting process: Texas nursing policies explain that nurses suffering from substance abuse undergo an assessment from a board-approved evaluator, and that a “positive psychological/chemical dependency evaluation” can be a central consideration in any disciplinary proceedings.

Of course, the state’s unique philosophies and practices towards substance abuse are also relevant. Some states embrace a more compassionate approach, while others lean toward a “zero-tolerance” approach. Yet, even in those latter states, a nurse who exhibits a respect for patient safety, accountability, and the need for treatment may be able to preserve their license.

Regardless of these considerations, getting you healthy is the most important thing. Even if you fear that the circumstances around your substance use place you at risk of formal discipline, continuing to live and practice with this albatross hanging around you should never be an option. We will help you take the necessary steps to get yourself right.

Will My State Nursing Board Help Me Get the Treatment I Need?

Not every nurse who is suffering from a substance use disorder is guaranteed treatment through their nursing board. As we stated earlier, nursing boards’ treatment programs are typically alternatives to discipline, so they are generally reserved for nurses who:

• Have not endangered or harmed a patient while under the influence

• Are not considered a danger to the public

• Are not currently facing discipline for a violation of nursing statutes (especially if the alleged violation relates to their substance use)

• Admits they have a problem

• Exhibits a genuine desire to rehabilitate

• Abides by the conditions of the treatment program, which typically includes monitoring by nursing board representatives

Think about it. If a nurse has their license revoked, perhaps because they harmed a patient while under the influence, the nursing board likely has no responsibility to that nurse—they don’t have a license, after all. Therefore, it would typically not make sense for the nursing board to admit that nurse to a treatment program, as they are not technically operating in a nursing capacity.

There can be exceptions to these conditions. Ultimately, a state nursing board’s policies and rulings will determine whether a nurse can receive treatment through nursing board-sanctioned programs. Our Professional License Defense Team will fight for your admission to any program that may help you get better while also sparing you from losing your license.

Will I Continue Practicing While I Receive Treatment Through My State Nursing Board?

Each state has its own policies that dictate how ATD programs operate. When you engage our team, we will urgently determine whether:

• You will retain your license while seeking treatment

• You will need to take a leave from your nursing responsibilities while engaged in the ATD program

• Your nursing privileges will be restricted while receiving treatment

• You will face any limitations or conditions when you return to work after successfully completing the ATD program

Typically, a nurse currently suffering from a substance use disorder would be considered unsafe to administer nursing services. Therefore, you can reasonably expect to take a break from your nursing career to receive the treatment you need.

However, each nurse’s professional circumstances and substance-related struggles are unique. The details of your treatment and its impact on your nursing privileges may depend on:

• The nature of your disorder

• The severity of the disorder

• The degree to which your substance use affects your nursing practice

• Your response to treatment

• The degree to which nursing board representatives trust you to continue nursing without endangering others or yourself

These are essential details that may affect your recovery, income, and other vitally important aspects of your life. Trust our team to get the details and answers you need to feel at ease as you work to get better.

Can I Seek Treatment Through a Facility of My Choosing Without Losing My License?

There may be circumstances in which a nurse considers seeking private treatment for substance use because:

• They don’t feel comfortable revealing their struggles to the nursing board

• They are not comfortable with the conditions that would be imposed through an ATD program

• From their perspective, they have not harmed or endangered a patient or committed any other violation, so they do not believe they are obligated to report their substance use to the nursing board

• They believe a private treatment provider would better help them recover 

This could be a viable option. However, you should recognize that a nursing board may:

1. Expect you to report any substance use disorder you are struggling with

2. Only allow you to keep your license by undergoing its treatment regimen (rather than a private one not directly monitored by the nursing board)

3. Sanction you if it is discovered that you did not report substance abuse

If you want to seek private treatment after reporting your disorder to the nursing board, that might be a conversation the board’s representatives are willing to have. However, you should not expect the board to honor your request.

How Can I Protect My Rights and My License While Seeking Treatment for Substance Abuse?

Even when nursing statutes suggest that you can safely report your substance use disorder without facing discipline from the nursing board, you should protect yourself before you disclose your struggles.

The LLF National Law Firm Professional License Defense Team will be the antidote to potential rights violations and discompassionate, unjustified sanctions. There is a fine line between nurses who are sanctioned and those admitted to ATD programs, and we will work hard to ensure you end up on the right side of that line.

Your treatment can’t wait. However, you must be deliberate in steeling yourself against harmful action before you seek treatment (and potentially disclose your condition to your state’s nursing board). That leads us to one urgent course of action: Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online and let us protect your career.