Can they rescind job offer due to this at employee physical?

lightningline · Aug 9, 2008

i just went through this. i am on vicodine and flexeril. i never take them at or before work, just to help with residual nerve pain in my foot from a herniated disc injury 5 years ago trying to get to sleep. i was scared sh%^less. in fact i was so worried my bp was 177/117...i was scared about that being reported and ruining my chances to. i have been in manufacturing for a long time and i am sick of being laid off, so i feel that a healthcare job is my only chance of secureing job in which i can actually make something of myself. so i got a entry level tech hospital job .

so heres the deal. in the ada (americans with disabilities act) if you have a valid rx for any medication and test positive for only that medicine it has to be treated as a private medical record so the testing company by law has to give a clean report. even if (like in my case) the hospital in which i'm applying does the testing. my physical was fine. i was completely honest about everything with the dr's and pre physical paperwork. all they can legally report is illegally taken drugs and communicable diseases like tb and such..

good luck :wink2:

faq on ada http://www.jan.wvu.edu/links/adaq&a.html

source of my info on page :

q. is testing for the illegal use of drugs permissible under the ada?

a. yes. a test for the illegal use of drugs is not considered a medical examination under the ada; therefore, employers may conduct such testing of applicants or employees and make employment decisions based on the results. the ada does not encourage, prohibit, or authorize drug tests.

if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.

justme1972 · Aug 9, 2008

Can (and do) hospitals NOT hire you for being on a prescribed pain med, or benzo? I am not talking about "failing" a test...I mean if you are up front and honest with them that you take them, do they have the right to rescind a job offer?
And if one decided not to divulge this info, and not take said meds for a period of time before the test for it to not show up--how long would that have to be? A few days, weeks? I dont know which way to go with this one. Please advise. Thanks, guys.

You have the same rights under HIPAA as anyone else, and as long as you know that you taking the medications does not affect your performance, the ADA legally protects you and you are not required to disclose this at a job interview. Be careful of what you volunteer.

Drug testing, is different:

Most drug testing centers will do drug testing one of two ways:

1. They will ask you to bring the prescription bottles with you when you have your drug test.

2. They will only contact you if your drug screen comes back positive, but will give you the opportunity to provide a prescription for what they have found. If you can provide the prescription then they send the employer notification that you passed the test, but will not inform them of what you are taking or that anything was found...just that you passed.

It is a big mistake to stop taking them and hope the test comes back clear if you truly have a valid prescription, especially if it's a testing center that wants the names of the drugs up front.

That's a red flag for a potential abuser.

PS: I know of one employer in my area that goes one step further. If you have a valid prescription, for let's say, Valium. If your serum levels for the drug exeeds what is possible for taking the medication in accordance with the prescription (if it says, 1x per day), then they will still deny you employment. So physicians that write prescriptions here to patients that are with this employer, write many, many "PRN" meds whenever possible, but give the instructions to the patient directly.

errera · Dec 4, 2010

They can and they will! Last month I was just offered employment w/ a Vanguard Hospital and went through my physical. I brought in proof of my my Rx (an anti-inflamitory, Voltaren gel, and generic morphene for knee pain as I have osteoarthritis in my knees. (This was a desk job). I was asked to get a note from my MD which I was given 7 days to get (before orientation). That evening HR called to rescind their offer! Their pre-employment physical also included questions about my sex life and forms of birth control. Truly seemed a bit too much. Honesty is always the best policy but next job offer I will down play the arthrits and say the Rx was from a recent fall. As for my chose for birth control NONE OF THEIR BUSINESS, I will say I am not in a realtionship.

Meriwhen, ASN, BSN, MSN, RN · Dec 4, 2010

I was under the impression that the physical is mainly for the insurance companies.

It's also for them to see if you are physically capable of safely performing the job.

Typically, water soluable drugs like opiates and benzos are cleared in about 72 hours. Drink a lot of water.

Acutally, the half-life of some benzos is quite long. For example, the half-life of diazepam is 30-60 hours. So even if taken as prescribed (i.e., no abuse), at the minimum end it'll take 120 hours for most of it (90%) to get out of the system. At what point the urine starts testing negative, that depends on what the test's positive cutoff is...but I've had patients in detox who were off benzos for more than a week and still test positive on the UDS. So who knows how long it'd be.

However, stopping the drugs just to test negative is not a good thing to do. Remember that in many places you can be subject to drug screens at any time during your employment. It's better--and easier--to be honest upfront and tell them what you're taking, than to try to straighten out false positive tests afterwards.

Good luck!

SamiRN · Jan 26, 2011

Well, I am sitting here waiting to go to my pre-employment physical....Isnt it amazing how we as nurses are expected not to experience any kind of pain or anxiety????

I have a valid perscription for vicodin. I also have one for tramadol. Ive had them for prob 4 years now. They dont get me high or make me drowsy. However they do allow me to function without being in so much pain that I cant think straight. I am deathly allergic to aspirin and ibuprofen. I can only take tylenol and how much tylenol would I have to eat to fix my lower back and migraines???? Id O.D.lol

Heres the problem, if you admit you have chronic back pain, well...from doing your job...they dont want you. If you dont admit to the meds, they dont want you..and if you do admit to the meds, they dont want you. lol. I have layed off the pills for the last 2 days and drank so much water i pee clear. lol. Not that it will completely take the meds out of my system, but it will give me a barely there reading. After that, its up to me to down play why I take them...could use recent fall, just perscribed etc....

I get horrible headaches and cramps around the time of my period, which is not regular..thats my excuse.

You cant say "back pain", you cant say "migraines"....because then they think..long term problem with call offs.

I cant remember when my back started hurting or when I first went to a chiropractor...Ive been doing this almost 9 years now, it seems Ive been in pain ,,well for 9 years. lol.

We-nurses, are suppose to be invincible...well we're not...but one thing we are...smart. :cool:

Good luck to all..im off to pee in a cup.lol. wish me luck...i NEED this job. haha

God bless.

Sami

klone, MSN, RN · Jan 26, 2011

You can do a search on the internet to see how long various meds stay in your system.

Or, look in your drug guide, which if you're a nurse, I assume you have a copy of. If you don't, you certainly should.