If you a healthcare professional that has been accused of having a drug or alcohol problem at work or have been arrested on suspicion of a DUI or a controlled substance violation, you will receive a letter from the Professional Health Monitoring Program (PHMP) informing you that you may be eligible for participation in the Voluntary Recovery Program (VRP). The VRP program is a treatment and monitoring program administered by the PHMP. Doctors, nurses, social workers, and other licensees alike receive these letters.
You will be requested to contact a VRP-approved evaluator, typically within seven days, to schedule an evaluation to determine if you have a drug or alcohol problem. Sometimes, prior to sending licensees for an evaluation, the PHMP will require them to submit to drug and alcohol testing. These includes phosphatidylethanol (PEth) tests, which track cumulative alcohol exposure for weeks preceding the sample. PEth tests are highly sensitive and specific. We have seen many healthcare professionals be recommended for inpatient evaluation followed by inpatient treatment because of PEth tests results, even if they came to their Board’s attention for a first-offense DUI.
The PHMP requirements performed by the evaluator include 1) contacting the PHMP prior to the evaluation; 2) contacting collateral sources such as a provider’s spouse, family members, employer, or previous treatment providers; 3) providing the PHMP with a diagnosis, if applicable; 4) providing specific treatment recommendations and 5) stating whether, in their professional opinion, the evaluator thinks it is clinically appropriate for the licensee to continue to work as a licensed professional.
If the evaluator determines that you have a substance use disorder or other mental or physical impairment, you will be required to adhere to the treatment plan recommended by that provider and approved by the VRP. You will then enter into a VRP Consent Agreement providing that disciplinary action will be deferred so long as you adhere to the Consent Agreement. Once you enter the Consent Agreement, you will be subjected to all of the Conditions of VRP Participation.
One of the conditions of entering the VRP is that you must agree not to accept or continue your present employment in any position requiring licensure until cleared to do so by the VRP case manager and a provider approved by the VRP. What this means is that you have to stop working until you are evaluated and subsequently approved by a VRP case manager to return to work. This process could take several weeks. If you have been accused of using controlled substances, it could be months before you are allowed to return to work.
Additionally, participants in the program submit to continued monitoring for a period of at least 3 years. This includes complete abstinence from controlled substance, prescription drugs (except in limited circumstances), mood altering drugs, or drugs of abuse including alcohol in any form. Participants must also avoid all products containing alcohol, including over-the-counter medications such as mouthwash or cough syrup, or foods like vanilla extract or desserts. Participants undergo random drug testing at their own expense and must attend AA/NA/professional support groups no less than twice a week while submitting monthly verifications of attendance to the program.
We have found that in many cases, a licensee does not have a substance abuse or alcohol problem; therefore, the licensee should decline participation in the VRP. However, this decision should not be made without a thorough evaluation by our office.
Will I lose my license if I don’t voluntarily participate?
Not necessarily. We have counseled thousands of licensed professionals in Pennsylvania after receiving a VRP letter who declined participation in the program and retained their license with no formal disciplinary action taken. Contact our experienced professional license defense attorneys to discuss your individual options.
Should I call the PHMP or VRP about my letter?
It is in your best interest to contact us immediately upon receipt of the letter from the PHMP. Do not call the PHMP to ask someone to explain the process to you; you should first consult with us.
Should I just go to the evaluation? I don’t think I have a problem.
We have encountered countless doctors and nurses who went for an individual VRP evaluation in this situation who were found to have a substance use issue by the VRP evaluators. We have had dozens of clients who were told after an initial intake that they needed to complete a multi-day inpatient evaluation at one of several approved inpatient facilities. Upon completion of these three-to-five-day inpatient evaluations, several of our clients were then recommended for twenty-four more days of treatment. Some of these individuals would have had to cover the cost by themselves, as their insurance would not provide coverage. Recently, we have had several medical doctors contact us after being told the VRP required a 30-day inpatient evaluation because of a first-offense DUI.
Your initial letter will also include a personal data sheet, which is a detailed questionnaire about your drug or alcohol use. Any answers you give on this document can later be used against you. The decision to participate in the VRP should be carefully thought out and you should contact our office before you answer any questions or submit any paperwork so you know your rights and obligations.