Facts: Our client LL, hired firm to represent her legal interests after she received a complaint from Texas Medical Board regarding a positive drug screen. The positive screen was a result of a random drug test with her employer. She reported to work and submitted to the random drug screen. After the screen she admitted that her test would come back positive. The screen would eventually come back positive for marijuana. LL was terminated for her conduct.
Outcome: After a response was submitted by BERTOLINO LLP, TMB set the matter for an informal conference. During the conference the firm argued that this positive test was an isolated incident. They argued that there was no evidence that LL had any substance abuse disorders and that there was no evidence that she was impaired in any way on the date of the screen. Character evidence was also provided to show that she was still fit to practice and that she regretted the mistake she made. After Texas Medical Board heard all the evidence they dismissed her case and did not issue any sanctions.