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

[babblingbrook]

I'm a new RN and curious if it is legal for an employer to ask what medications you have taken with in the last 2 months (or more) and get my medical records. I'm not sure if this is only legit in nursing, because I've never run across this before in other non-RN jobs.

I gave them the list of all the meds I was on because I assumed they would need it for the drug test. Now it's coming back to bite me as I was on anti-anxiety/depression med. Tried to explain that I get nervous as a new grad. Now they keep harassing my dr to write a very detailed account of my diagnosis with narrative, etc. This doesn't sound legal to me, but I'm not sure.

Thanks!

[caliotter3]

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.

[elkpark]

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]

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.

[elkpark]

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]

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.

[Batman25]

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]

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

[S.Gettes]

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.