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Legal? new employer wants list of all meds taken and medical records

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Without a binding contract, the only legal constraints on an employer are federal/state law and their own company handbook. JoPACURN is right: their house, their rules.

In this case, however, I think they are violating the law.

ITA; however, my concern is that an employer who feels so free to flout the law in hiring practices will feel equally free to flout the law in other areas, as well. Bad news for the employees.

jlcole45

Specializes in ER, ICU, Education.

You have any lawyer friends? I think you could make a case with this one.

It's like asking you if you have kids before the hire you. A big no no.

FLArn

Specializes in Hospice, LTC, Rehab, Home Health. Has 20 years experience.

I work for hospice and we are subject to random immediate drug tests; that being said I submitted neither a list of meds I take nor ANY portion of my medical records when I was being considered for employment or since. In fact, I was taking vicodin for a severe tooth infection at the time of one of my random tests--I tried to tell them about the Vicodin and they said if anything shows up on the test we'll deal with it then. Never heard any more about it. Sounds like this place may be a nightmare to work but I am not privy to your circumstances so the best I can tell you is be careful and good luck. (BTW I'm in FL which is a right to work state)

I would go elsewhere for employment. You take a drug screen and list the meds you are on at that time in case there is a positive screen. Your medical records are privileged information covered under privacy laws. You undergo an employment physical given by your own physician or their occupational health physician and a report of such exam is made. Nowhere in this process does the employer get access to your medical records. Tell them no. No.

You don't even list meds at the test time. If something shows up in the urine, you can tell them then that you have a valid prescription for that med and they will confirm it with the pharmacy.

Just as a general rule of thumb, never provide your health records or information to your employer if you can avoid doing so. All they really have a right or need to know is that you are fit to do the work. They do not need your life history, medical or otherwise. It's too late now, perhaps, but for future reference. Good luck.

I wouldn't touch an employer with this policy with a ten-foot pole, regardless of how tight the job market is in the area (I'd relocate :)). If they are this intrusive and "out of bounds" on hiring policy, it's safe to assume they will be even worse once you're working for them.

Easy preachin', hard livin'. About relocating and turning down this job, I mean.

And you know what assuming means, right?

The is a whole new world to those of us who were hired on our word only. WHere does it end Soy your had 11 physicians who all wrote 11 Rx you had willed twice over an 5 years interval. Some were off patent uses. hmmmmmm.

I think I'd look around for a les mein kampf policy.

Time was when, if you had a clean uniform in the car, you could hire on and work today! No pee test, no nothing. There were no nurse addicts or other loonies (that we knew of) and it was such a totally different world. No HMO's, DRG's, or other than 80/20 Blue Cross. Soooo much simpler. Not really, but it seemed like it. There were other problems.

Oh, well.

Given the state of the world today, I'm afraid we ain't seen nothin' yet when it comes to Big Brother. He's off the growth charts and Armageddon hasn't happened yet.

When I have been drug screened for employment I was required to list the meds I was taking when they did the test. Waiting until a positive test showed up would allow for tampering with the process I would think.

Easy preachin', hard livin'. About relocating and turning down this job, I mean.

And you know what assuming means, right?

OK -- so you're saying it's okay with you if your employer abuses you in violation of the law?? We should just put up with whatever we have to in order to stay in an area that only has lousy jobs??

heron, ASN, RN

Specializes in Hospice. Has 40 years experience.

OK -- so you're saying it's okay with you if your employer abuses you in violation of the law?? We should just put up with whatever we have to in order to stay in an area that only has lousy jobs??

C'mon! Where did anyone say that?!!! What we're saying is that it's easy to spout glib advice to move or go work in a bookstore, but possibly not so easy to accomplish in reality.

For those with kids, for instance ... it's a major and very expensive life change for the worker and for her family to pick up and move to a different area. We don't know the OP's circumstances and she has the right to keep them private. If OP is carrying a mortgage or has a family to feed, it's difficult to turn down a professional wage for minimum wage in a bookstore.

The point being that relocating or turning down a job offer may not be possibilities for the OP if she is to meet her responsibilities, both familial and financial.

C'mon! Where did anyone say that?!!! What we're saying is that it's easy to spout glib advice to move or go work in a bookstore, but possibly not so easy to accomplish in reality.

For those with kids, for instance ... it's a major and very expensive life change for the worker and for her family to pick up and move to a different area. We don't know the OP's circumstances and she has the right to keep them private. If OP is carrying a mortgage or has a family to feed, it's difficult to turn down a professional wage for minimum wage in a bookstore.

The point being that relocating or turning down a job offer may not be possibilities for the OP if she is to meet her responsibilities, both familial and financial.

For that matter, I never said anyone else should relocate -- I said, in passing, that I would before I'd work for an employer with that policy. I wasn't "spout(ing) glib advice," to the OP or anyone else. We all make our own choices, and live with the consequences of them.

heron, ASN, RN

Specializes in Hospice. Has 40 years experience.

For that matter, I never said anyone else should relocate -- I said, in passing, that I would before I'd work for an employer with that policy. I wasn't "spout(ing) glib advice," to the OP or anyone else. We all make our own choices, and live with the consequences of them.

Yes ... which is why I suggested that, if she chose to comply with the employer's demand and accept a job offer, that she research labor laws and keep a log of management behavior in case she needs to defend herself against illegal actions in the future.

It's ilegal and they know it. Your doctor is completely right here. I would look for new employment. This employer isn't practicing in a legal or ethical manner. It will only get worse. Another option is to call the state on them and report what they are requesting. See if they can give you something in writing to hand in to them. Cold day in hell before I turn over my medical records. You could also ask that they put this request in writing so you have written back up. If they won't put it in writing and they won't there is your answer that they know they are being immoral and using illegal practice.

island40

Specializes in ICU, School Nurse, Med/Surg, Psych.

They can give you an exam, urinalysis and blood test, and ask about your medications but cannot ask for your medical records - medical history yes as for suitability for the job - you have to give them details if you fill out FMLA forms anyway.

May be regulated by specific state laws but this paralegal says it's legal in IA

If they are not the people treating you medically then there is no need for them to have access to your medical records, you are well within your rights to refuse them to access these records. I see no reason for them to see them in the first place. It is normal practice for employers to request that you list the medications which you take in order to be able to eliminate these substances when a drug screening test is performed, so long as you are honest in all of this there will be no problem, but it is not normal for them to request your medical records. If they asked about any medical conditions you have or have had then that is understandable, but the records are too personal and absolutely none of their business. Make sure they understand why you are refusing and that they know that you are well and truly aware of your rights when it comes to your medical records, may just show them that you will be able to treat patients with the privacy and confidentiality that they deserve, could be a test for you, who knows, but politely decline their request.