Drug Screening Policy
HPCA
Aboriginal and Torres Strait Islander Health Practice
Published on 1 June 2018
| Field | Value |
|---|---|
| Date of Endorsement | 1 June 2018 |
| Endorsed By | Health Professional Councils of NSW |
| Publication Date | 1 June 2018 |
| Review Date | 1 June 2023 |
| Summary | This policy and its related procedure outline how to comply with conditions requiring NSW health professionals or students¹ to undergo urine and hair drug screening and the consequences of any non-compliance. |
| Applies to (Scope) | • NSW health professionals and students¹ required to undergo urine and hair drug screening • Health Professional Councils of NSW, their delegates and HPCA staff. There are separate policy and procedure documents for the Medical Council and the Nursing and Midwifery Council. |
| Document Owner | Assistant Director – Council Services |
| Functional Group/Subgroup | Council Services, HPCA |
¹ does not apply to Psychology
Purpose
To ensure that NSW health professionals and students¹ who are required to undergo urine and hair drug screening comply with conditions imposed on their registration, and explain the consequences of non-compliance.
Introduction
The Council uses urine and hair drug screening to monitor NSW health professionals and students¹ where there is a history of or concerns about substance misuse or dependence.
The Council understands that sample collection can be inconvenient, intrusive, and expensive. However, negative drug screening results are an effective way for the Council to protect the public, by knowing that a participant is not affected by substances and can continue safely in practice or training.
Definitions and abbreviations
| Term | Explanation |
|---|---|
| Council / we / our | relevant Health Professional Council |
| HCCC | Health Care Complaints Commission |
| HPCA | Health Professional Councils Authority |
| participant / you / your | a registered health professional or student¹ participating in drug screening because a condition on their registration requires it |
| the Standard | the AS/NZS 4308:2008, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine [LINK] |
| substance | any: • substance listed in Schedule 1 of the Drug Misuse and Trafficking Act 1985 • pharmacist only, prescription only or controlled drug medication as contained in Schedule 3, 4 or 8 of the Poisons Standard (SUSMP). |
| the Tribunal | the Civil and Administrative Tribunal of New South Wales |
¹ does not apply to Psychology
Mandatory requirements for drug screening
4.1. Compliance with this policy
Participants must comply with all aspects of this policy, the Council’s Participant procedure: drug screening [LINK] and all drug screening conditions on their registration.
If a condition is inconsistent with this policy or the procedure, the condition prevails.
All aspects of screening, including how often participants must attend, will be overseen by the Council.
Compliance will be monitored by our monitoring team.
4.2. Non-compliance with drug screening
Non-compliance with drug screening is any failure to follow the requirements of this policy, the Council’s Participant procedure: drug screening [LINK], and any drug screening conditions on a participant’s registration.
If a participant does not comply, the Council will ask them for a written explanation, and may also ask the pathology provider for more information. The Council will then consider whether further action is required.
In some cases the Council may take action without asking the participant for an explanation.
Non-compliance with drug screening includes, but is not limited to, the circumstances listed in the following table.
| Screening type | Circumstance |
|---|---|
| All | • a positive result for a substance where there is no written confirmation from a treating practitioner that they advised, prescribed or administered that substance • the participant fails to commence screening within the required timeframe • the participant fails to attend for screening when required • the participant provides samples for screening outside of the approved collection and testing regimen • the participant fails to complete request forms as required • the participant provides samples that do not meet the chain of custody • the participant uses, makes, alters or possesses an object or product to defraud a drug screening test • the provided sample is inadequate or unsuitable for testing • the participant fails to provide supporting information about any absences from screening within the required timeframe • a pattern of participant behaviour raises concerns about their compliance with this policy, the related procedure or related conditions on their registration. |
If a participant does not comply the Council may:
- give the participant a warning and explain any other action the Council may take if they do not comply in the future
- increase the frequency or length of drug screening
- require that the participant attend an interview or hearing to consider the matter further
- take immediate action, such as imposing more restrictive conditions (including a critical impairment condition) on or suspending the participant’s registration and refer a complaint to the HCCC
- refer a complaint to the HCCC
4.3. Compliance with critical impairment and critical compliance conditions
4.3.1. Critical impairment and critical compliance conditions
There are two types of critical conditions that can be imposed on a participant’s registration that have specific consequences for non-compliance.
The following table shows which bodies can order these conditions and which participant group is affected.
| Condition type | Ordered by | For |
|---|---|---|
| Critical impairment condition | Relevant Health Professional Council of NSW | a NSW health professional |
| Critical compliance condition | The Civil and Administrative Tribunal of NSW | a NSW health professional or student¹ |
¹ does not apply to Psychology
4.3.2. Non-compliance with critical impairment and critical compliance conditions
If a participant does not comply with a critical impairment or critical compliance condition, the Council must take action.
The following table shows what action is taken if the Council considers that a participant has breached one of these conditions.
| Condition type | Action taken |
|---|---|
| Critical impairment condition | The Council must refer the matter to the HCCC |
| Critical compliance condition | The Council will immediately suspend the participant’s registration and refer the matter to the Tribunal, which must cancel the participant’s registration if it is satisfied that the condition has been breached |
Implementation
| Implementing party (Position/Groups/Bodies) | Key actions required by identified party to implement the policy |
|---|---|
| NSW health professionals and students¹ | comply with this policy, its related procedure and related conditions imposed on their registration |
| HPCA monitoring team | monitors compliance with this policy, its related procedure and related conditions imposed on a participant’s registration on behalf of the Council |
| Councils | make decisions about a participant’s progress with screening and compliance with this policy, the related procedure and any related conditions imposed on their registration |
¹ does not apply to Psychology
Legislation and references
Laws and standards
- AS/NZS 4308:2008, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine [LINK]
Fact sheets
- The Council has a range of fact sheets providing information about drug screening [LINK].
Related policies
- Participant procedure: drug screening [LINK]
Revision history
| Version | Approved by | Amendment notes |
|---|---|---|
| 1st Draft | N/A | N/A |
Last updated on 1 June 2018
Related resources
Participant procedure: drug screening
How NSW health professionals and students with drug screening conditions on their registration prepare for, attend and end urine and hair drug screening.
ProcedureFor health practitionersHPCA
Aboriginal and Torres Strait Islander Health Practice
Alcohol screening policy
How NSW health professionals and students required to undergo alcohol screening comply with conditions on their registration, and the consequences of non-compliance.
PolicyFor health practitionersHPCA
Aboriginal and Torres Strait Islander Health Practice