Nurses who fail pre employment and employment drug test

[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!

[broughden]

Double-Helix said:

This is rather confusing to me. The lab and the employer will obtain a HIPAA waiver for results that are not protected by HIPAA? Then why is the waiver required?

CYA purposes. The same way providers are allowed by law to share your medical information with other providers to consult on your case for your care and treatment, they dont need your prior permission for this. But they have patients sign a waiver acknowledging they may do so just to cover themselves.