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Operating Room Nurse Prohibited from Working after a Drug Rehab Stint Cannot Support ADA Failure to Hire Claim
June 11, 2013
According to the court, Richard Talmadge, an operating room nurse, was caught stealing narcotics while working in a hospital’s main operating room. Talmadge enrolled in a confidential assistance program for health care professionals with the expectation that upon successful completion, his nursing license would not be affected. The program, Health Assistance interVention Education Network (HAVEN), advised participants to “stay away from an operating room setting and have no access to narcotics for a period of one full year.” The more difficult issue, which received little attention from the court, was whether the nurse’s unsuccessful subsequent communications regarding employment after he completed his prohibition term could support an ADA claim.
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