DRUG TESTgreenspun.com : LUSENET : Law Of The Workplace : One Thread
HI, I RECENTLY APPLIED FOR A JOB DRIVING TRUCK WHICH I HAVE DONE FOR OVER THE LAST 10 YEARS. I WAS ASKED TO ATTEND ORIENTATION, HAVE A PHISICAL AND TAKE A DRUG TEST. THIS WAS ALL ROUTINE TO ME, BUT WHEN THE DRUG TEST CAME BACK POSITIVE FOR CODEINE WHICH I AM PRESCRIBED CAN THE EMPLOYER REQUIRE ME TO PROVIDE A RECORD OF MY PRESCRIPTION FOR THE LAST 3 YEARS, AND A WRITTEN STATEMENT FROM MY DOCTOR AS TO MY DX AND HEALTH HX WITH ASSURANCES THAT HE WILL NO LONGER PRESCRIBE ME THESE MEDICATIONS?
-- FRANK NAPIER (FWN@ADELPHIA.NET), January 20, 2004
According to the new HIPPA law, you would have to authorize in writing for your employer to secure any of that information. The MRO (Medical Review Officer) working with your testing facility, is required by DOT regulations to get a record of any and all prescriptions for any drug that you test positive for. As far as your employer requesting the Dr. provide a statement that he will not prescribe any further precriptions, that is again stepping into the boundry of the HIPPA law. If you do not want the new employer to have any information regarding your health information then you just don't authorize them to get that information. Unfortunately, that might keep you from gaining employment from this employer. Does your prescription have a warning on it regarding operating a motor vehicle while taking the medication? If so, you may not have any recourse. Your employer may not want to take the risk of your driving his company vehicle while on a medication that could make you drowsy. I hope this helps. I am no expert, but I feel sure that what I have stated is factual.
-- Joan Hahn (email@example.com), September 08, 2004.