Can an employer ask you what medications you are taking?

[blah_blah_blah]

I have a friend that I went to nursing school with for our ADN and we are also both at the same school for our BSN. She was telling me how she was hired at a hospital that is a part of a large network in the area. The thing that both she and I thought was strange that they asked her to disclose all the medications she was currently taking (I don't know if this was on the application, during the interview, or after she was hired)

This seemed like a very personal question to ask and borderline inappropriate. Isn't this against the Americans with Disabilities Act? I did a little research and discovered that this Act also protects people without disabilities as well and is usually prohibited because it is considered a medical inquiry.

However, my research (admittedly my "research" is a google search) said that under certain circumstances it is permitted and it referenced jobs such as operators of heavy machinery and pilots and jobs of that nature.

I understand why someone who is hiring a nurse would want to know if an employee is prescribed and taking benzos, sedatives, opiates or drugs that can impair you as they cannot take care of patients while under the influence of those medications, but couldn't they just ask if they were taking those SPECIFIC medications or medications in those drug classes? why do they need to know ALL the medications?

[TriciaJ, RN]

This is the first I've heard of this. Seems like it would violate some law or other, but then a case could be made for nurses falling into the same category as pilots and heavy equipment operators, safety-wise. I would check with the specific agencies in your state. At the hospital where your friend interviewed, are they represented by a union? Might check in with them. Also, your state labour board, and the ADA.

I think it's always worth researching these issues. If the hospital is violating a law, what other laws do they violate if they are not taken to task? If it turns out that this question is perfectly legitimate, well, at least then you'll know.

[Asystole RN]

Hearsay is always a risky business.

Sure your friend didn't have a small issue with reading compression?

I've honestly disclosed every medication I was on prior to drug testing just to be on the safe side. Don't want some metabolite that kind of looks like something interesting causing any issues.

I've also had to disclose medications relating to health insurance too.

[jadelpn, LPN, EMT-B]

Because most facilities drug test, they do want to know specifically what medications one is on, as to not get into a positive result and no disclosure.

There's thread after thread right here on AN regarding non-disclosure and then nurses who are on a plan that take a prescribed Xanax for sleep or something.

Also, employee health asks all sorts of questions regarding meds, regarding PMH, current issues.....

Some are more thorough than others. And I agree with the pp who stated that one should speak with a union rep. as to the right of the worker.

With all that being said, non-disclosure can get you into a great deal of issues that one would not aspire to.

Make sure that you have (and your friend has) their own malpractice insurance. They are instrumental in answering legal questions.

And don't forget to discuss this with your own MD. He/She should be in the loop as well.

Best wishes!

[KelRN215, BSN, RN]

It would be a violation of the ADA if they refused to hire her because of a certain medical condition that did not affect her performance. There are some limits to the protection the ADA affords to nurses, though. For example, my former hospital had a blanket rule that employees could not work if they were on narcotics. It didn't matter if it was prescribed, you were not allowed to work while taking it.

These questions are frequently asked at pre-employment physicals.

[VivaLasViejas, ASN, RN]

What I have to say about this and 50 cents will only get you so far, but if you find yourself in the position of having to disclose your medication list, you might want to inquire what the information will be used for and who will have access to it. If it stays with employee health, your supervisors shouldn't be able to see it. Remember, we don't give up our right to privacy when we become healthcare professionals!

[blah_blah_blah]

thanks for all the replies everyone! I was just curious as to why they would ask this and if it was legal. I didn't even think about the drug testing, Then it definitely makes sense that they would want to know what meds she was on so that if/when they showed up in her test, they would be explained. Thanks again!

[MunoRN, RN]

Direct care nursing is legally considered to be a "safety sensitive" job, which means employers are well within their rights to inquire what medications you are taking (after a conditional offer of employment is made) and drug test you at any time for certain medications regardless of whether or not you have a prescription. Every hospital I've worked at does not allow direct care staff to use a list of medications including opiates and benzos, exceptions are made on a case by case basis, there is nothing illegal about this.

[MunoRN, RN]

What I have to say about this and 50 cents will only get you so far, but if you find yourself in the position of having to disclose your medication list, you might want to inquire what the information will be used for and who will have access to it. If it stays with employee health, your supervisors shouldn't be able to see it. Remember, we don't give up our right to privacy when we become healthcare professionals!

You do actually give up at least some of your privacy when taking certain jobs. You retain your right to privacy to anything not related your job, but employers aren't prohibited from requiring information if it can be considered necessary to their business.

[Jules A, MSN]

At every hospital job I've ever worked I was asked to disclose all medications and my medical history during the physical examination portion by employee health.

[I love my cat!]

Every place I've ever worked has asked for my list of current medications and has also required a mandatory drug test. Thankfully, the facilities where I have worked have always allowed Nurses taking prescribed scheduled medications to work. Just because a Nurse takes a scheduled drug does not mean that they are impaired or working 'under the influence'. That's such an antiquated belief, IMO.

Honestly, I think we would lose half of our staff if they implemented a "no scheduled drugs' rule. And from what I understand, one reason that many facilities want to know about current medications is to defend themselves against any type of Workers Comp. claim...be it a psychological or a physical claim/injury.

[Meriwhen, ASN, BSN, MSN, RN]

I've only had to disclose the medications I was on for the urine drug screens. And considering once I was told flat-out by one employer that if I didn't disclose something and popped positive because of it, that it would still be considered a failed test...I'm very upfront about any and all medications (Rx and OTC) taken in the week prior to testing.