As a Radiologic Technologist or Radiologist Assistant in Florida, your professional license is critical to your career. However, if you have received an Administrative Complaint from the Florida Department of Health (DOH) for violating Florida Statute 468.3101(1)(k), your license and reputation may be in jeopardy.
This statute allows DOH to take disciplinary action if you test positive for any controlled substance during a pre-employment or employer-required drug screening without a valid prescription or medical justification. A violation of this nature can result in fines, probation, mandatory substance abuse treatment, or even license revocation.
At Elevate Legal Services, PLLC, we have extensive experience defending Radiologic Technologists facing DOH Administrative Complaints. If you have been accused of a failed drug test, workplace impairment, or a substance-related violation, contact us immediately for strong legal representation.
📞 Call 561-770-3335 or email [email protected] today to protect your professional license.
Understanding Florida Statute 468.3101(1)(k)
What is Florida Statute 468.3101(1)(k)?
Florida Statute 468.3101(1)(k) states that a Radiologic Technologist or Radiologist Assistant may face disciplinary action if they:
“Test positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer-required drug screening when the certificate holder does not have a lawful prescription and legitimate medical reason for using such drug.”
What does this mean?
If you fail a required drug test for any controlled substance and do not have a valid prescription or a legitimate medical reason, DOH may investigate your case and impose disciplinary penalties.
Common Violations of Florida Statute 468.3101(1)(k)
1. Testing Positive for a Controlled Substance Without a Prescription
- Failing a drug test for opioids, benzodiazepines, amphetamines, or other controlled substances.
- Using medication prescribed to someone else instead of obtaining a personal prescription.
- Failing to provide documentation of a valid prescription when requested.
2. Recreational Drug Use Leading to a Failed Drug Test
- Testing positive for illegal drugs such as cocaine, heroin, methamphetamine.
- Using recreational marijuana, even if it was legally obtained in another state.
- Taking unregulated herbal or supplement-based stimulants.
- Failing a drug test for opioids, benzodiazepines, amphetamines, or other controlled substances.
- Using medication prescribed to someone else instead of obtaining a personal prescription.
3. Failure to Disclose Prescription Medications Before Testing
- Not informing the employer or medical review officer (MRO) about prescribed medications before a drug test.
- Failing to provide proof of prescription after receiving a positive test result.
4. Workplace Impairment Due to Substance Use
- Displaying slurred speech, impaired motor skills, or erratic behavior at work.
- Administering radiation procedures while under the influence.
- Endangering patients or coworkers due to drug-related impairment.
5. Refusing a Required Drug Test
- Refusing to take a pre-employment or random drug screening when required.
- Tampering with a drug test sample or attempting to substitute urine.
6. Failing a Pre-Employment Drug Test
- Testing positive for a controlled substance before starting a new job, leading to employment withdrawal.
- Failing to disclose past drug use or a history of substance abuse treatment.
Unique Violations of Florida Statute 468.3101(1)(k)
Testing Positive for a Prescription Drug Not Prescribed to You
- Taking opioids, sedatives, or ADHD medication that belongs to someone else.
- Using Xanax, Adderall, or Oxycodone without a personal prescription.
Falsifying or Altering Drug Test Results
- Using detox products or synthetic urine to mask drug use.
- Tampering with test samples to alter the outcome.
Failing a Drug Test After Returning from Rehabilitation
- Relapsing after completing a substance abuse treatment program.
- Violating the terms of a workplace substance abuse agreement.
Testing Positive Due to CBD or Hemp-Derived THC Products
- Consuming CBD oils or edibles containing higher-than-expected THC levels.
- Using Delta-8 THC products, leading to a failed drug test.
Medical Marijuana Use Without Proper Documentation
- Holding a medical marijuana card from another state but failing to register in Florida.
- Using medical cannabis without employer disclosure.
Exposure to Narcotics in the Workplace
- Handling opioids or anesthetic gases, leading to unintentional absorption.
- Failing to wear protective gear while working around controlled substances.
Consequences of Violating Florida Statute 468.3101(1)(k)
If found in violation of §468.3101(1)(k), the Florida Board of Radiologic Technology may impose the following penalties:
First Offense:
- Minimum Penalty: $250 fine, three years of probation, evaluation by the Professionals Resource Network (PRN), and compliance with PRN recommendations.
- Maximum Penalty: $500 fine, license suspension with periodic review until the technologist can demonstrate safe practice, followed by three years of probation.
Second Offense:
- Minimum Penalty: $500 fine, license suspension, followed by three years of probation.
- Maximum Penalty: $1,000 fine and license revocation.
How to Defend Against a DOH Administrative Complaint
If you receive a DOH Notice of Violation, take these steps immediately:
1. Review the Complaint and Gather Documentation
- Identify the specific drug detected in the test.
- Provide proof of a valid prescription if applicable.
- Collect evidence of compliance with employer policies.
- Don’t submit a written or oral response without consulting an attorney.
2. Take Corrective Action
- Request a retest if you suspect a false positive.
- Enroll in a substance abuse program if needed.
3. Contact an Experienced DOH Defense Attorney
At Elevate Legal Services, PLLC, we provide aggressive legal defense for radiologic technologists facing DOH complaints. Our legal team will:
- Challenge drug test accuracy and potential lab errors.
- Negotiate penalty reductions or alternative discipline options.
- Represent you in DOH hearings and administrative proceedings.
📞 Call 561-770-3335 or email [email protected] for immediate legal assistance.
Final Thoughts: Protect Your Radiologic Technology License Today
A DOH Administrative Complaint under F.S. 468.3101(1)(k) can have devastating effects on your career and future employment opportunities. Ignoring the complaint could lead to license suspension or permanent revocation.
At Elevate Legal Services, PLLC, we have successfully defended healthcare professionals in DOH disciplinary proceedings.
📞 Call 561-770-3335 or email [email protected] today to protect your license, reputation, and career.
