Published Aug 19, 2008
coolpeach
1,051 Posts
I went last week to take a Drug test to start my program next week. I have migraines/Tension headaches which I generally take Excedrin for, but sometimes its not enough. The Dr. prescribes a very weak dosage of Esgic plus for those times. The day before the drug test was one of those headache days. Anyway, when I went in I took the prescription bottle with me to show them. The man doing the test said he couldn't look at it or make note of it because of hippa laws which are there to protect my privacy.
Last night about 5:30 pm I am coming in from a very stressful, long day and guess what was on my answering machine. A message from someone at the drug testing company stating their was a problem with my drug test and to call them. By the time I got home my TEENAGERS had already heard the message, and wanted to know why I had failed my drug test, and what drugs I was doing. To make matters even worse my parents were there too wanted to know the exact same thing.
I call the guy, and he informs me that my prescription Esgic plus was found, and I say "Yes, I have a prescription for that". He told me to rip of the label for the medication, and fax it to him. I don't have a fax at home, and by the time the local fax place was already closed.
Today I went to the fax place to fax, and when I got back the Dean of the nursing program had called. He leaves a message stating that he had word that my drug test had come back +, and wanted to get a report from me.
I called him and left a message, and called his secretary and explained everything. They were not made aware that it was a prescription drug, and that I was faxing in proof. I called the drug testing place back, and they said the fax was received, and they would verify it with the
pharmacy then they would change my test results to -, and all would be fine.
So here I am with a days worth of phone calls, frustration, and the added gasoline, and fax expense. More important how did this protect my privacy? My whole family was basically informed that I failed a drug test, but not given the details why. Would it not have been easier, cheaper, kinder, less frustrating, and protected my privacy a LOT more if they would have just made note of this when I took the test.
I don't want to make a big deal of this with my new professors, dean or fellow students. I also don't want to call up the drug testing place and vent after all they have my urine (and future) in their hands. I just needed to vent. Its the very beginning and this had left a VERY bad taste in my mouth.
oramar
5,758 Posts
I agree with you. The fellow wouldn't look at your perscription bottle but he leaves a message like that on the answering machine. I think you privacy rights were violated. I can't see what reason there was for not looking at the bottle and documenting other than the person did not want to do some paper work.
txspadequeenRN, BSN, RN
4,373 Posts
i feel for you here. i would be for straightening some people out. these people should have never said the words"drug test" on your answering machine. in my opinion that is a huge no no and i would be addressing that issue with someone. however, i would not take the label off the bottle. i might take the bottle to them or get a statement from my doctor... any time i have taken a drug test they will not list my medications and send that with the sample.. so frustrating....
10MG-IV
120 Posts
if this happens to anyone again,
#1. find an attorney, sue.
I went last week to take a Drug test to start my program next week. I have migraines/Tension headaches which I generally take Excedrin for, but sometimes its not enough. The Dr. prescribes a very weak dosage of Esgic plus for those times. The day before the drug test was one of those headache days. Anyway, when I went in I took the prescription bottle with me to show them. The man doing the test said he couldn't look at it or make note of it because of hippa laws which are there to protect my privacy. Last night about 5:30 pm I am coming in from a very stressful, long day and guess what was on my answering machine. A message from someone at the drug testing company stating their was a problem with my drug test and to call them. By the time I got home my TEENAGERS had already heard the message, and wanted to know why I had failed my drug test, and what drugs I was doing. To make matters even worse my parents were there too wanted to know the exact same thing. I call the guy, and he informs me that my prescription Esgic plus was found, and I say "Yes, I have a prescription for that". He told me to rip of the label for the medication, and fax it to him. I don't have a fax at home, and by the time the local fax place was already closed. Today I went to the fax place to fax, and when I got back the Dean of the nursing program had called. He leaves a message stating that he had word that my drug test had come back +, and wanted to get a report from me. I called him and left a message, and called his secretary and explained everything. They were not made aware that it was a prescription drug, and that I was faxing in proof. I called the drug testing place back, and they said the fax was received, and they would verify it with the pharmacy then they would change my test results to -, and all would be fine. So here I am with a days worth of phone calls, frustration, and the added gasoline, and fax expense. More important how did this protect my privacy? My whole family was basically informed that I failed a drug test, but not given the details why. Would it not have been easier, cheaper, kinder, less frustrating, and protected my privacy a LOT more if they would have just made note of this when I took the test. I don't want to make a big deal of this with my new professors, dean or fellow students. I also don't want to call up the drug testing place and vent after all they have my urine (and future) in their hands. I just needed to vent. Its the very beginning and this had left a VERY bad taste in my mouth.
sissiesmama, ASN, RN
1,897 Posts
Hello- I am sorry for the strain this has put on you, as if a migraine isn't enough. I have migraines too and I wouldn't wish them on anyone.
I don't know where you live, or the HIPPA guidelines where you are, but in my state, that would be a violation of your rights. The person that you talked to was so "concerned" about your rights, but didn't think about the fact that there would be a possibility of anyone, from children to a neighbor down the street, to the mailman, or anyone who would be in the range of earshot of someone checking their messages.
The only information that is passed on where I live is "Mrs. x, this is dr. (or nurse) w, please return my call, ", or "we have your lab results back, ". Not allowed to give out results to an answering machine, and a drug screen is lab work. I know that in the MD office where I used to work, they had a strict policy about that, and it is also like that at the MD offices where I am a patient.
Seems like to me, if the person at the drug screen place was so concerned about the fact that he might not need to give out lab results over the phone to an answering machine. Just my opinion, and I am sure it's not like that everywhere, but I'm glad it is here.
Anne, RNC
S.N. Visit, BSN, RN
1,233 Posts
I'm sorry about your terrible ordeal with the drug test. I'd be so mad too. I think I'd be making some phone calls to the drug testing company's CEO. They shouldn't be leaving messages on your machine like that without your permission.
I was scared terribly when I ate poppy seed's in a salad a month or two before my test. Luckily I was tested on the spot and seen everything was a okay. Some-thing is wrong in America when you have to be afraid to eat poppy seeds!
hey - exactly! and some person that will violate, whether or not he knew what he was doing was wrong, sounds like an idiot for asking for the label off the bottle. i don't think i could even get the label off the bottle and keep it legible. what in the world would be wrong with getting a printout form the rph or some paperwork from the mds office to fax them. like another poster said, maybe he was just lazy and trying to get out of some paperwork.
i would be chapped. my dh, who is a nsg supervisor, says for me to pick my battles wisely, but this is one he actually said he had no right to say what he did and he deserved whatever poop got dumped on him. i would definetly say something to someone!
anne, rnc
TopazLover, BSN, RN
1 Article; 728 Posts
My guess is that he violated by leaving any message other than "call xxxlab @ #.
I would not have a problem with calling the lab and speaking with someone in customer satisfaction. The need to know what was wrong with what they did. Perhaps the person did not think it was revealing much by that message, but what if it were something else? Would they leave a message that said your test was positive about a pregnancy, VD, etc.?
As long as they did not find Coc, pot, or some other illegal drug, don't sweat it too much. Good luck!
Katnip, RN
2,904 Posts
If you did not sign a form saying it is all right to leave messages on your answering machine concerning results, then whoever called violated HIPAA big time.
Definitely call the lab and talk to a supervisor there with your story.
Cilantrophobe
704 Posts
the message on the answering machine was a major violation. When I was in the military and had a positive pregnancy test they weren't even allowed to tell my husband...
I am sorry you had to go through that. ((HUGS))
My guess is that he violated by leaving any message other than "call xxxlab @ #.I would not have a problem with calling the lab and speaking with someone in customer satisfaction. The need to know what was wrong with what they did. Perhaps the person did not think it was revealing much by that message, but what if it were something else? Would they leave a message that said your test was positive about a pregnancy, VD, etc.?As long as they did not find Coc, pot, or some other illegal drug, don't sweat it too much. Good luck!
Well, I sure feel better now! I was worried I was the only one who felt like that was a HIPPA violation. I was hoping my response would make me sound like an idiot. Like some of the other posters said, they crossed the line leaving the message on your machine the way they did. And like I said, if the lab person was so meticulous about HIPPA code, you would think he would realized he violated anyway.
To the OP, I would at least speak to someone, the powers that be, or SOMEONE!
Thanks to all for the validation of my feelings. There were 40 of us so I am sure others had to go through the same thing. I just felt really violated, and angry. At the same time I don't want to rock the boat before I am even on it.
It really did create problems. I have a teenager who is a recovering drug addict/alcoholic. For this reason we do not have ANY alcohol in the house EVER. In addition, we do not keep any form of narcotics, cough syrups etc in the house. I had to think long, and hard before excepting that prescription for migraines. Even though its an extremely low dose of bubarbital its still bubartital, and I didn't want my son to know anything like that was in the house. He is has been sober now for over a year, but it was a very long road that really disrupted the entire family, and I wasn't sure we would ever be able to get to this point. When everyone heard that I failed they wanted to know why. It was either tell them the truth (show them the prescription), or let them think that I am doing some kind of street drug or lying. Now he knows there are narcotics in the house so I had to flush them. So when I get the next migraine I will just have to stay in bed, miss school, and suffer through it.
P.S. I had to use the label because I had to get the info to them ASAP so I could start school, and didn't have time to leave a message for the Dr., wait for a return call, wait for them to write a letter, pick it up, etc. In addition, it had to be faxed and could not be scaned and emailed. Even though the place I went for the test was local the people who called and wanted the information were in a different state so I couldn't take it to them.