Nurses are patients too! 

My name is Shonda Broom.  In 2016, I failed a preemployment screening due to cannabis.  The method used was urine testing.  The following month I passed a urine screening for another job and still was investigated by the Louisiana State Board of Nursing. Within 5 months of working, I had to decide suspension with stay which included extreme measures and overrreach from off duty use or voluntarily surrendering because I believed in the medicinal benefits of cannabis and how it personally benefited me.  Cannabis helps manage my depression and hypertension. 

The board has stipulations in place for me to get possibly reinstated.  When reinstated, I will be considered suspension with stay following post discipline under the Recovery Nurse Program.  Submitting to these conditions doesn’t guarantee reinstatement.  Conditions are:

•Complete a comprehensive outpatient evaluation, at my expense, at a Board-recognized evaluation center which shall include psychiatric, psychological, and substance abuse evaluations and testing as deemed appropriate by the evaluators (These rehabs cost between $3000-$4000 with the closest being an hour away from my home) 

•Submit a Fitness For Duty Form (from a Board-recognized addictionologist)

•Submit medical records from all evaluations/treatment for alcohol/drug addiction, mental, or physical disorders

•Complete a Prescription Monitoring Authorization Form allowing the board to disregard my confidentiality as a patient with rights

IF they feel I am eligible for reinstatement, over a period of 5 years I would have to:

•Comply with a probationary period involving random drug screens, professional monitoring and periodic psychiatric or substance-abuse evaluations at my own expense.

•Comply with a probationary period involving random drug screens, professional monitoring and periodic psychiatric or substance-abuse evaluations at my own expense.

The Executive Director of the Louisiana State Board of Nursing said in an interview:

“Nurses who have a legitimate medical marijuana recommendation can still be subject to a board investigation if they show signs of impairment OR fail a drug screen while on duty. If the nurse can produce a physician’s certification stating they are fit for duty, often the investigation will conclude without disciplinary action”

If a nurse is a legal medicinal patient- she will clearly test positive if she is tested while on duty.  THC metabolites can remain in the body up to 90 days of a daily consumer even after one stops use.  So according to her statement, the nurse can be subject to frequent investigations depending on frequency of testing by employer even through random screenings which some employers do.  The nurse will then be constantly proving she is fit for duty throughout her nursing career- at her own expense.  

When my situation first happened, I wasn’t as educated about cannabis as I am now.  I had no clue about THC metabolites and how they worked in the body.  6 years since my incident I am a Cannabis Nurse Advocate and Educator.  I help others have a better understanding of cannabis, it’s benefits and how it can effect our body’s through use. I also assist companies with creating workplace policy regarding their cannabis laws in their state and ensuring they align with the rights of their employees who may be medical patients or protected by law in recreational states. 

Louisiana is a state with a legal medicinal program.  The state has had medicinal cannabis legislation that dates back to 1978. Law regarding a medical program was put in place in 2015 although it took almost 2 years for an actual framework to be put in place to support the program due to wording of the law (“prescribe” vs “recommend”)

National Council for State Boards of Nursing (NCSBN) created guidelines in 2018 on how to discipline nurses who test positive for cannabis.  

The NCSBN recommends minimal disciplinary action for situations like mine. Its 2018 guidelines case examples for a nurse who tests positive for marijuana. In instances such as mine in which there are no allegations of on-duty impairment  the NCSBN recommends that nursing boards issue a “non-disciplinary letter of concern” — the same disciplinary standard the Louisiana board claims applies to nurses who have a physician’s recommendation for the plant.  

This is not the case- when my incident occurred, this was not made clear to me.  When my discipline was determined my choices were either to voluntary surrender although after a period of two years I could reapply for reinstatement and would be placed under suspension with stay or immediately accept the suspension with stay which would have started the 5 year process of monitoring sooner.  As stated, Louisiana’s program was official in 2017 with physicians recommending.  Although I didn’t have a recommendation at the time of discipline I have since gotten one.  My disciplinary action has not changed according to documents from the board or those 2018 guidelines.  I must still submit to the same guidelines as previously given.

“When asked why the Louisiana nursing board has not adopted the 2018 NCSBN guidelines, Lyon pointed out that the NCSBN is not a regulatory agency. The NCSBN is a membership organization that conducts research and recommends regulatory practices for state nursing boards. Its guidelines are not mandatory, she said.” ~quoted from article by Wesley Muller with the Louisiana Illuminator

The membership for NCSBN consists of all the BON from all the states in the country.  Membership works to create the guidelines which in turn the boards create their scope of practice.  The question is- if the BON creates these guidelines to follow, why when it’s time to implement them they decide not to follow something of their own creation? 

I believe my situation should be re-evaluated under these guidelines and it should become mandatory for Louisiana State Board of Nursing.  We are in a medicinal state and instead of embracing the fact that nurses should be educating communities in regards to cannabis they are still choosing to say those who test positive are the true public health and safety dangers.  The Executive Director has stated in a public hearing in a testimony that she felt that since cannabis is federally a schedule one that it didn’t effect nurses so she wasn’t aware of current legislation.  

The NCSBN guidelines-which again was created by the BON members state: all BON should have a working knowledge of all current cannabis legislation and law for their jurisdiction.  

In 2017, a congressional concluded current drug testing methods are not valid for determining impairment.

The NCSBN guidelines specifically say the same- current lab tests do not determine impairment.

Therefore, why are these methods still used as a means of discipline. 

Urine testing to determine cannabis impairment must end.  It should no longer be the deciding factor in determining impairment.  It only determines THC metabolites are present in the body.

Not only am I unable to be an active practicing nurse, but the discipline shows up as Level 3 Fraud and Abuse on my background check making me unemployable in other industries that run background checks.  

My fight is to get my license back without having to submit to the requirements for reinstatement as they don’t pertain to me.  I should not have to submit to those requirements and pay what may total to thousands of dollars over a 5 year period when I have a recommendation from a physician deeming me qualified for our state’s medical program.

My fight isn’t just for myself, my fight is for everyone who has been affected by unfair practices regarding workplace urine testing for cannabis that occurred during off duty use. I hope this petition convinces the governor of Louisiana to create an Executive Order similar to the one in Colorado protecting professional licenses in regards to legal cannabis use that is off duty 

Please support this petition to end urine testing in workplace to determine impairment and to help me get my license back.  Thank you. 

Learn more about Nurse Shonda Da420Nurse​

NCSBN guidelines for the Boards of Nursing for complaints involving Medical Marijuana (when nurses test positive) ​

My public testimony at the Louisiana Employment Medical Marijuana Taskforce Meeting ​

Article by Wesley Muller of The Louisiana Illuminator-Former nurse: Louisiana board’s marijuana policy ended her career: Nurses still face serious career risks for use of weed while off-duty​

Colorado Executive Order 2022 034 protecting workers who hold professional license ​

#JusticeForNurseShonda shirts-please support! This fundraiser helps with securing an attorney, covering fees that may incur if I have to submit to their reinstatement rules (rehab, random testing, fines).  I would also like those who are local to wear and join me at public hearings where you can also give public testimony on my behalf as well as your own if you have a personal experience.  This is a fight for us all! I am not the only Shonda affected by these outdated and targeted tactics impacting our livelihood and ability to support ourselves and our families.