pre-employment drug test

Question

I was given a drug test by an employer. The nurse giving the test would not let me give her any information regarding medication, she stated that was confidential info. While I was at work my husband answered the phone and it was from the lab. Dr. He told my husband that if I did not give him my RX # my test would be sent in as positive. My question is did this Dr. violate any laws by speaking to my husband about my results. Can this Dr. ask why I am getting this medication? I am prescribed this medication, I am very upset over this doctors behavior. I have not gotten the results of this test only what was stated by the lab. Dr., positive for benzo's. Anyone who knows about whether or not this was a violation and what I can do would be deeply appreciated. Thank you

jaciv · Answer

I want to thank all of you for your support and great advise about this  whole situation I found myself in. I spoke with the pharmacy, asked if he had gotten any call from lab.Dr. There is only one person that works there so he would have known.He did not get a call from him to verify this. Just another thing that I don't understand. I don't know if he actually did any follow up on this or not. I am going to make contact with the lab. to make sure I get a copy in my hands. I will let you know exactly what is stated in the test results.

optimus22mac · Answer

I don't have any answers to your latest questions, just wanted to tell you that I am very relieved for you...you were persistent and it paid off! I've learned through interactions with many doctors (I am a chronic pain patient also, and have dealt with many drs through many things)...I have learned that you have to be vigilant about your own healthcare, and with any interaction with any doctor....your situation is proof of that.  

I have no idea why they would be concerned about a benzo and not pain meds--especially if your pain meds are narcotics....doesn't make sense to me... I am sure that nursegirl knows more about it so when she comes on later, I'm sure she'll comment.

Again, so glad that this worked out for you....if you would have just sat back and let things happen, you would be without a job, and you would have the positive tests on your record.  I would still follow through with getting hard copy documentation refuting the positive test result, so that you have it for your own records.  Imagine how many people this happens to, and they think that there is nothing that they can do, because doctors are people of authority, and you should be able to trust what they say and do without question.....unfortunately, there are times like yours that something improper occurs.... You have given great advice in your above post to people in the similar situations...your story will help people, so thank you for following up with us here:)

jaciv · Answer

I have another question that you may be able to help with regarding this post.When I spoke with the MRO he only wanted the RX# of one of my prescriptions. He only wanted the one for benzos.  I only mentioned the benzos because of the call from him.I am prescribed three medications and thought he would want to validate all positive meds. If anyone would know why this took place please let me know. I asked for copy of test results but he immediately went off that subject onto another question. He stated I tested positive for five drugs which is impossible because I have not taken anything other then prescribed meds. which would have resulted in three positives, not five. Did not ask about anything regarding other meds. and used medical terms for the names which I did not understand. I told him I did not know what he was talking about, pls. use generic names since I don't what meds you mean. Just don't understand why he would only want to know about prescription for benzo positive and not the two others I am prescribed. (Medication for chronic pain.)

jaciv · Answer

I got a call on Wed. from my Union's business manager after I had to leave him a voice message. He said he did not want an attorney to be involved in this matter and that he would do the foot work. I told him I would not let my attorney go until I found out if this was being taken care of in a timely manner. I spent my whole day yesterday trying to find out whatever I could about my Master Labor Agreement and what my rights were. I did not want to have my attorney do something that I thought I could do since she works on an hourly basis and it was going to cost me more money. I thought it couldn't hurt anything for me to call the MRO from the lab. So I got on the phone and made the call. When I got a hold of him I asked him about the test results, what if anything I could do about getting this matter straightened out. He stated that it was to late for him to take any information from me since it had been over the sixty day period that is in the contract. So I went back online to see if I could find any policies about this. I found it online and went through it and could not find anything regarding a sixty day period that would prevent him from taking my information. I called him back and told him he was wrong about this, nothing I read said anything about a sixty day time line. I asked him to take my RX number any way, he said he had to contact the company first and didn't think it would do me any good. I said would you just take the info. from me so you have it just in case I am correct? He did not appreciate me being so demanding as I did not appreciate what he had done and that since I had filed a complaint against him, I believe he did not want to help me if he didn't have too. With in an hour of doing this, I got a call from my union rep. stating that I had done it. I was released to go back to work immediately and that he would contact the District Counsel to inform them that my test results were reported as a neg. If anyone gets a positive test result, fight it!!  Do not rely on your employer to give you the correct info or the lab. like I did and be given the the wrong info.If they give you a test on site where they do the five or more panel, insist that they send the urine sample out to a certified lab. with a split container. This may just save you from any punishment, it could have been contaminated or done improperly  by the person administering the test. I have learned a lot within the last week, be persistent, know your rights and demand your rights be enforced when a drug test is given. OH, I forgot, my employer did not receive a letter about my termination nor that my test results had been changed. He was not allowed to view my results, nor was anyone able to see them from the union. The only people who had access to them was me and the lab. that collected the specimen. If anyone else would have been able to see these it would have violated HIPAA laws.

jaciv · Answer

The company I work( worked) for was sub-contracted out to do traffic control for another company. My employer told me to just get summary from my Dr. and that it would be okay. Well since I have gotten the letter of termination, I have not heard from my former employer about this matter. I did hire an attorney but I don't know if she will be able to over turn the decision. My employer should have known what is in our contract regarding prescription medication and what would happen when this test came back positive. Hiring an attorney has left me without any money to survive on. I had to do it though because I do not want this on my record and want to keep my benefits. I do not want anything to do with my employer because he gave me such bad advise and abandoned me without any help over this matter. The Dr. from the lab. was just has bad. My attorney has filed a grievance with the union. All I want is to get this taken care off my record. I planned on filing for disability at the end of the work year. I called union hall yesterday before hiring the attorney to get a copy of the collective bargaining agreement but of course they were in a meeting at the time. No, no weed, cocaine, I do not take illegal drugs. This was done because my test results were sent in to the union from the lab that collected the urine samples from us. They were then sent out too another lab. which did the actual testing. I was at work and did not find out that they had called until my husband finally talked to the labs. Dr. The lab that collected the samples told me she sent the test results into the union so I figured I that my employer would take care of this since he advised me to get the summary from my Dr. My employer also asked me if I wanted too use the big guns to go against the test results. I am not up on my union rules what so ever. Only how many hrs. I need to receive benefits and amount of dues. I know I should be up on all of this, really no excuse on my part. Just seemed that anything that would terminate my employment, that my employer would notify me about. I honestly did not know my union could fire me especially without notice first or ask if I was prescribed medication that would result in positive before termination occurred.

nursegirl6572 · Answer

Also, ask your lawyer what kind of action you have against the doc who violated your HIPPA rights.

nursegirl6572 · Answer

If yur job description did NOT include a clause indicating you could not do your job if you were on certain meds, and you didn't sign anything to that effect, and your Rx is legal, then your rights were violated.

Hire a lawyer to help you with this process.  ANY pre-employment drug screen I've ever taken, I was permitted to show proof of any prescription I was on (ie benzos).  By law, an employer cannot document that you FAILED a drug screen if there was a substance in your system that you are legally Rx'd.

What prompted this test?  This obviously wasn't pre-employment, as you have been there 8 years.  Most defintely hire a lawyer.  You have the right to see the results, and to fight this through your union.

Also, do not SIGN anything or make any statements without a lawyer present.  File for unemployment right away, if you're denied, a lawyer can actually use any info in those proceedings to help with your employment issue.

One more tough question...COULD there have been ANYTHING in your system?  Weed?  Cocaine?  Anything other than what you were prescribed?  

So sorry you're dealing with this...if the facts are as clear as you presented them, you have an excellent case against them, to at least get your job back.  Get a lawyer!!!

jaciv · Answer

I just received a letter from my Union stating I have been terminated from employment with my current company for failure to pass a substance abuse test in compliance with the master labor agreement. I spoke with an attorney and he stated that I need to file a grievance with my union rep. I never wanted to be in the union. They have never done anything for me in the eight years I have been a member. They didn't even ask if I had a prescription for the medication that I tested positive for. I still have not gotten a copy of my test results that I asked for. I did file a complaint against the Dr. from the lab. but that will not do anything to him. So pissed off over this whole situation, I will go through the steps and will work non union after my test is over turned after along process, hopefully, overturned. I have to read the Master Labor Agreement they talked about, don't know what it consists of. will let you know how this goes. Good Luck to all that have had a positive drug test due to prescribed meds. It is a sad day when you take your medication so you don't have to go on disability and then get fired due to taking it so you can work.

nursegirl6572 · Answer

It's an unfortunate situation for sure.  They cannot treat you differently for being prescribed a medication.  If they do, they are violating your rights,a nd you could take action against them.

Unless your position has a clear rule that certain meds cannot be in your system during work hours, then, this should not be an issue.

jaciv · Answer

It was sent out to a lab, I know that after I finally get this straighten out that the company that sub contracted us to work for them will treat me different. I do not want them to fire me because they can without reason. I told my employer about the test results since he was the one notified about me not being able to work on the site. I think they are alittle bit upset over this matter. I don't think the lab. wants any report against them for their Drs. bad judgement. I will certainly let you know as soon has I find out  what the director of the lab has to say. Thank you all very much for your help.

optimus22mac · Answer

I am so sorry that this confusing situation is happening to you...anything with our health and medications is very personal, and should be treated with respect.  Does the company do the testing themselves? You say you may not want to work for them now, but is it them that is doing this, or a lab that they use? You said that you have info from the company that did the test, but have you talked to your employer also? I hope that things get turned around and corrected as soon as possible, and you should find out if you can file a complaint about the doctor if that is something you would want to do.  I hope you let us know what happens, and I'm very sorry this occurred.

jaciv · Answer

Yes it was the Dr. from the lab that called. He wanted to know my RX#. My husband called me at work to let me know about the call. Yes he does know that I take prescription medication. This Dr. could have been speaking to my son for all he knew.The only form I filled out was that all numbers matched on the urine sample. I called the the Dr. back while at work and he wanted my prescription number which I told him I did not have on me, since I did not have this on me he stated that my sample would be sent in as a positive. He was just a rude, demanding, arrogant individual. No I am not having any problems with my medication. The nurse would not let me give her any info. what so ever, stated it was confidential and she could not listen to anything pertaining to that. I got an e-mail last night from the company that took the U.A. with the persons name and number to contact at the lab. It says that she can tell me what I need to do to get this matter straightened out. I want to get these results changed from positive to neg. I do not feel comfortable working for this company, I feel I will now be discriminated against. I will be contacting her this morning and will let you know what she says. I want this Dr. to understand that his actions are not acceptable. The only info. he needs to know is that I have a legal script and get that number from me, not ask for it from who ever answers a phone. I am sure there are people who do not want others to be asked for personal info.like my husband was. This may be something they have not shared with their spouse etc. and should not be spoke too about anything like this without their permission. I do think that this is a way to handle drug testing even if someone did give permission because they cannot know who they are actually speaking with.

vicki595 · Answer

Wow! Are you sure it was a doctor calling?  He violated your privacy. You need to get his name and contact whomever is running that lab!

I recall with my last drug screen for work, I filled out the form with my name etc...and it didn't ask for any medication history or rx numbers or anything. I was surprised but, of course, I wasn't taking anything to report.

I'd also call the folks in HR where you're working!

dominosarah · Answer

What type of meds are you on?

maria920 · Answer

When i took my last drug test the girl wouldnt let me tell her anything either she said i had to wait for the positive then the dr would call and id have the pharmacy fax RX numbers... it was weird but i just went with it. Although it was wrong for her to speak to ur husband tht seems to violate hipaa laws ....

nursegirl6572 · Answer

I'm confused. You mean at the time of the tox scren, the nurse wouldn't let you tell her what Rx meds you're on?  That's a vital part of the testiong process.  That was wrong.  She should have collected all info, including the Rx details, the prescribing doc, pharmacy, etc.

As for the doctor, it's hard to say whether he violated HIPPA laws.  If you didn't given written permission for your husband to receive any information, then yes, I would say that HIPPA laws were violated.  Check here for more info:

www.hhs.gov/ocr/hipaa/

The other question I have is...does your husband not know you're taking this medication?  Youve posted on an addiction forum, are you having troubles?  If so, you're in the right place.

Take care!