NJ Board Can Order Drug Evaluation For Nurse, Court Says

Law360, New York (November 16, 2017, 3:09 PM EST) -- A New Jersey appeals court on Thursday backed the state nursing board’s order that a nurse suspected of being intoxicated at work undergo substance abuse evaluation and monitoring, ruling that the order was warranted for the nurse’s questionable, if not confirmed, conduct.

The two-judge Appellate Division panel’s decision dealt a blow to Kevin McCafferty, a certified registered nurse anesthetist employed by a surgical center, who argued on appeal that state law requires that the New Jersey Board of Nursing has to identify grounds for discipline after a plenary hearing before it could issue such an order.

The panel undertook an analysis...

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