Quote from JustANormalGirl
Hey everyone, I hope we are all doing great! I have a simple question that was being discussed and argued about in my hospital. I am in Mesa, Arizona; and have been a nurse for over 15 years and have never heard this come up before. Anyways, other nurses and doctors were saying that the hospital cannot report a failed pre employment drug test to the state boards because A) They are not an employee. B) They are protected by HIPPA. C) The labratory can only give a pass or fail result to the employer not specifics even if it is a prescribed narcotic by a doctor because again HIPPA and D) It is not stated in the hospital policy that a failed pre employment drug test can be reported to the BON. Any opinions on this? I would hope we could report them, but due to all of those circumstances I think it only applies to current employees being reported. Thank you all!
Sorry but the nurses and doctors in your facility dont adequately understand HIPAA then.
1. Any testing facility and employer are BOTH going to obtain a signed HIPAA waiver by anyone being given a pre-employment drug screening, so that the information can be shared between the testing lab and the employer.
2. As long as the test is being conducted in connection with employment and by a third party lab, the results are part of your employment record and not your health care record and as such are not protected by HIPAA.
(If tests are being run in-house by a lab in the hospital, then yes the results can be considered a health record and protected by HIPAA, but they can still be reported to the BON. But this is why many employers use 3rd party testing labs.)
3. State BON's and state laws typically have in place law, which states that a licensee has a legal duty to report another licensee for illegal drug usage so that the BON may investigate.
4. Even as an actual patient (RN involved in accident and brought to ER) if their tox screen shows an illegal substance in their blood, the results cannot be reported to their employer, but they can be reported by the ER to their state BON.