Is this legal?

[netglow]

A new RN employee bundle of paperwork includes a form that you are supposed to mark "Yes" or "No" as to whether you have ever had any of over 50 conditions/illness.

The list is exhaustive and covers every body system... eg kidney or urinary disorder, lung or respiratory disorder, menstrual/female organ disorder, cold, bronchitis, chest pain, tumor, frostbite, bowel trouble, hayfever to MS, MD, Pneumonia, take medications.... the list goes on and on. It warns that your employment is conditioned upon the results of the questionnaire and physical.

I thought just asking someone if they are pregnant was a huge violation! Have you guys ever filled anything like this out?

[NotFlo]

as a result of filling out a similar questionnaire, i had to get a note from my neuro that i was indeed taking tegretol for seizure control and not a mood disorder. no big deal.

i made sure the don had a list of the meds i had to take while i was working. it was my idea and it paid off one day. a difficult busybody nurse who floated to the floor reported that i was seen "swallowing a suspicious looking pill.":eek: the don just told that nurse that it was tegretol, based on the time she had given.

wow, that's crazy on so many levels. first of all, i see co-workers popping pills all the time (don't we all live on tylenol and ibuprofen etc?) i could never imagine running to a don to report that someone took a pill.

secondly, i can't believe the don took it upon herself to share with the other nurse what kind of medication you take! talk about a hipaa violation.

[flyingchange]

as a result of filling out a similar questionnaire, i had to get a note from my neuro that i was indeed taking tegretol for seizure control and not a mood disorder. no big deal.

so, if you did have a mood disorder, then what?

gotta love that mental illness stigma, in the one industry that should be trying to change it

[Asystole RN]

So, if you did have a mood disorder, then what?

Gotta love that mental illness stigma, in the one industry that should be trying to change it

Certain issues are considered high risk, "mental illness" being one of them.

Being an avid gun collector I can attest to the fact that certain questions are always asked when public safety issues are in question. Whenever I buy a gun I am asked if I have a history of a "felony, mental illness, substance abuse, restraining order."

Some of these things are blanket questions/precautions considering the potential impact of not investigating them.

The AG defines Mental Illness as such - "Mental Illness" means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, and includes, but is not limited to, clinical depression.

[sharpeimom]

wow, that's crazy on so many levels. first of all, i see co-workers popping pills all the time (don't we all live on tylenol and ibuprofen etc?) i could never imagine running to a don to report that someone took a pill.

secondly, i can't believe the don took it upon herself to share with the other nurse what kind of medication you take! talk about a hipaa violation.

sorry, but both things happened. whether we likeit or not, sometimes hipaa goes right out the window. when that happened, i was already in the process of finalizing another job and didn't make waves because i didn't want to jepordize the new position.

does anyone wonder why i left??

[Asystole RN]

An employer cannot base your employment upon the following; Race, Color, Sex, Religion, National origin, Birthplace, Age, Disability, Marital/family status.

Now a specific article on the topic at hand

When can physical and medical examinations be a requirement for the job? An employer cannot require that an applicant take a physical or medical exam before a conditional offer of employment has been made. After a conditional offer has been made, an employer can require such an exam, but only if the exam is required of all entering employees in the same job category and it is job-related. An employer can deny employment to an applicant based on exam results only if the applicant cannot perform the essential functions of the job, with or without a reasonable accommodation, or in rare circumstances, if the applicant’s performance of the job would directly threaten the safety of the applicant or others.

[caroladybelle, BSN, RN]

If it is a new hire bundle, I believe that it is legal - I believe that it is only illegal if it is part of the application process.

Due to worker's compensation issues and the physical/mental requirements of nursing, I believe that employers do have the legal right to ascertain if one is healthy (mentally and physically) enough for the position, as well as to know preexisting problems in case of a workman's comp claim. Thus they routinely do a physical by OH in most facilities - some are more thorough than others.

I ahve known a number of people with preexisting back/shoulder problems try to work somewhere long enough to claim injury and workman's comp. Many facilities do a flexibility test to screen for these issues. And if they didn't screen for easily communicable diseases or psych issues and a pt gets ill or hurt as a result, the facility may be held liable.

I think the tackiest example is one facility that required an RPR of staff. Exactly how is that meritted for our work - Really.

[Asystole RN]

Secondly, I can't believe the DON took it upon herself to share with the other nurse what kind of medication you take! Talk about a HIPAA violation.

The DON was in not in violation of the privacy and security rules of The Health Insurance Portability and Accountability Act as they are written.

HIPAA does not apply to the employer/employee relationship under most circumstances.

Now was the disclosure unprofessional? Yes. Personally I would rather have the disclosure on my behalf to settle down an overzealous, yet well intentioned, reporter before they went to the BON. Having a friend who had a false accusation made against her I know that even erroneous accusations are incredibly troublesome. She now cannot find employment 9 months later due to the report on her license, even though the investigation has not even started

[CeilingCat, ASN, RN]

i made sure the don had a list of the meds i had to take while i was working. it was my idea and it paid off one day. a difficult busybody nurse who floated to the floor reported that i was seen "swallowing a suspicious looking pill.":eek: the don just told that nurse that it was tegretol, based on the time she had given.

someone correct me but didn't the don just commit a violation? what right does your co-worker have to know what specific drug you're on? as long as the don is aware that you're under a doc's supervision and not working impaired, he/she has no business letting fellow nurses know your personal med list. holy cow!

when i hear stories like this and the new-hire nosy questionnaire, it boggles my mind. in a career where passing around patients' medical histories when there is no need-to-know, why does hospital admin treat us like we don't deserve the same respect. what business is it of a potential employer if i had a uti 10 years ago? as long as my doctor signs off on my physical, stating i'm fit to do the tasks the job requires, how is it any of their business if sneeze with the springtime pollen?!

legality may depend on your state's laws. you could talk to your dept of labor to see if they can advise you.

what bothers me is that even if it's not blatantly illegal, by signing such a detailed medical history, you're handing them a loading gun with which to fire you if they can't find real grounds. all they'd need to do is to find shred of evidence that a doc you forgot about or disagreed with gave you some little dx 10 years ago. and then they terminate you, saying you "lied" on employment eligibility paperwork. it's cheaper for them to invent this than to lay off an employee who would be eligible for unemployment.

[GM2RN]

Since when did it decome illegal to ask someone if they are pregnant? Usually this is done when there will be xposure to xrays, chemo etc. List of conditions is required so that the employer can cover their own intrests, providing a form is the easiest way for most people to answer, you do this when you apply to nursing school, at least I did, and it covered every system. Asking someone if they are married can't by anymeans be illegal unless it is for sexual gain, I fill out my marriage status almost everywhere I can think of, school, bank, lease, almost all credit card application, phone, cable, drivers licence etc

We ask PATIENTS if they are pregnant. The OP is talking about being asked if she is pregnant or married as part of the employment process, and it is illegal if done during an interview or anytime prior to an offer of employment.