This is my third post in my series regarding defending a Phoenix pharmacist’s license after a complaint to the Arizona State Board of Pharmacy (the Board). My last post discussed drug abuse as a common cause for complaints to the Pharmacy Board. When you are accused of drug use, whether at home or at work, you may face discipline by the Board and the possible loss of your pharmacy license. I understand that any accusation that could cost you your ability to earn a living is very serious and requires special care.
Drug addicts may be able to claim the protection of the ADA when defending their Arizona pharmacy license
The ADA does not classify current drug use as a disability. Therefore, if you are caught currently using on the job and have no history of addiction, you do not qualify for protection under the legislation. The definition of “current” is not restricted to use today, or even yesterday or last week. It is considered on a case-by-case basis. If you are drug tested in the course of your employment and submit a dirty test that is sufficient evidence of current use so long as the test is accurate. Employers may take action based on current drug use without offending federal law.
Certain drug users are protected by the ADA. Those include people who have completed a rehabilitation program and abstain, people who are currently in treatment and area also clean, and those who are falsely accused of using illegal drugs. Getting into treatment after being caught using on the job is not necessarily a way to qualify for ADA protection. You must provide proof of a pre-existing problem for which you are now receiving or have received treatment and you are no longer using. If you are facing a mark against your Arizona pharmacy license then you should consult with an attorney to determine if you are eligible for ADA protection.
A Phoenix licensing lawyer can guide you to any forms of relief including ADA protection
Qualifying under the ADA is determined on a case-by-case basis. There is a long line of cases decided by the United States Supreme Court and the Federal Circuit Courts indicating different factual scenarios under which employees caught using drugs did or did not qualify. It is important that if you believe you may qualify for relief that you consult an experienced Phoenix licensing lawyer about the specific facts of your case. Your lawyer will investigate, interviewing witnesses to your past and current drug use, any counselors or rehabilitation professionals you have consulted as well as family members. Your attorney will also investigate anyone making a complaint against you and any labs involved in performing chemical tests.
Obtaining counsel early when you face discipline before the Board can mean the difference between dismissal or a resolution involving corrective measures and the loss of your license. I understand that your license is a matter of pride and your primary means of support. As an experienced attorney, I can help you navigate the process. Contact my office today for more information. I also represent those in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. I also assist Pima County residents in Tucson.
