Drug Crimes, Substance Abuse drug test

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pushed2thelimit

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A few days ago I was tested for drugs by my employer. I received a negative test result. However, I do take a prescription for an injury from years back and the doctor doing the test informed my employer not only that the drug was in my urine, but exactly what the drug was. Before he did this, he called me and asked me if I had a prescription, who the pharmacy was and I gave him the needed information to clear it all up - which is how I received a negative result. He still took it upon himself to tell my boss.

Was it illegal for him to tell my employer about my prescription?[/U] If so, what steps should I now take because I've had other employees approach me and ask me about the "heavy meds" that they've heard I'm taking. HMMM... I wonder how they found that out?! I don't feel comfortable around my peers at work because now they treat me like I'm some kind of criminal addict.

Have my privacy rights been violated and what should I do now?
 
pushed2thelimit said:
A few days ago I was tested for drugs by my employer. I received a negative test result. However, I do take a prescription for an injury from years back and the doctor doing the test informed my employer not only that the drug was in my urine, but exactly what the drug was. Before he did this, he called me and asked me if I had a prescription, who the pharmacy was and I gave him the needed information to clear it all up - which is how I received a negative result. He still took it upon himself to tell my boss.

Was it illegal for him to tell my employer about my prescription? If so, what steps should I now take because I've had other employees approach me and ask me about the "heavy meds" that they've heard I'm taking. HMMM... I wonder how they found that out?! I don't feel comfortable around my peers at work because now they treat me like I'm some kind of criminal addict.

Have my privacy rights been violated and what should I do now?


Who knows if your rights have been violated?

Who knows how your peers found out what they have?

They could be guessing, or gossiping ?

If I were you, I'd ignore it.

The drug testers discover substances in your sample and are mandated to report it.

If I had been asked by the unknown physician about my health or medication, I would have invoked the protections afforded to all of us by HIPAA.

You could invoke those protections going forward if you wish.

In today's world, HIPAA protects every aspect of your health.
 
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What do you mean "who knows if my rights have been violated?" That's what I'm asking you! I think they have been violated but you're the law expert, right? Can't you say yes or no, either way?

Let me assure you that even my closest friends don't know about my medication. I don't get "loopy" from it or abuse it, nor do I brag about it to anyone. I don't take it while at work because it's not prescribed that way and it wouldn't matter if I did anyway, so my doctor tells me. But now that my boss knows he has really run with it!

My peers knew nothing about my medication until right after the test results were released - they didn't even know I had a test done to begin with. He wrote up a letter that went into my personnel file and brought HR into it as well as other people in the office. All of this without my consent to share the information with anyone and that's how everyone knows about it. Don't I have some recourse here?

I did tell the doctor I didn't want him to tell my boss. He did anyway. I told my boss I didn't want anyone in the office to know. He did anyway. Isn't there something I can do? I have invoked my HIPA rights and that seems to be the issue here. And by the way, aren't my HIPA rights already in place prior to all this? You say the drug testers are mandated to report it but if I have a prescription and it's a negative test aren't I protected by HIPA already? I could understand them being mandated to report it if it weren't legally obtained. It's my understanding that the doctor did wrong by informing my boss of the medication I take since I have a legal prescription for it. My personal MD was shocked to learn that it was disclosed to my boss. I had my doctor give my boss a letter informing him that my medicine would in no way incapacitate me or be a safety issue etc., thinking that it would help him understand - even though it wasn't required of me. My boss treats my differently now and so do the people I work with. Certain comments have been made to me by fellow employees such as "I don't want to work with her, she's heavily medicated!" I'm miserable and don't think I can ignore it because of the way I'm treated now. I have put in a lot of time with this employer, this is my career and I shouldn't be treated any different than before. Nor should I have to find employment elsewhere. If it weren't for this particular doctor and my boss no one would've ever known.

If my HIPA rights have been violated what steps should I take?
 
What do you mean "who knows if my rights have been violated?" That's what I'm asking you! I think they have been violated but you're the law expert, right? Can't you say yes or no, either way?


You're damn right, I know the law.
I've practiced law for many years.
Only a judge sitting on the bench in regard to a case you've initiated can rule if your rights have been violated.
I don't have enough information (nor do I seek anymore information) to say.

I can say that if you want to pursue this, it'll require you hiring a lawyer.
That will cost at least $5,000, unless you get one to work on a contingency.



If my HIPA rights have been violated what steps should I take?


You can file a complaint with the Office of Civil Rights of Health and Human Services.
Here is their website.

http://www.hhs.gov/ocr/office/index.html

This addresses HHS and protecting your medical records.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/medicalrecords.html

This addresses what your employer must do to protect your privacy.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/employers.html
 
I doubt that your rights have been violated. Once you agreed to take a drug test you agreed for your employer to know that you are taking drugs. Granted it is a legal prescribed drug. I don't know what you do but sometimes even a legal drug is not kosher. If you were a bus driver, taking a narcotic isn't ok.

If it has not caused you any repercussions I would do as Army says and ignore it. Your boss has a right to know and you no doubt consented to him/her knowing by taking the test. Your boss should not spread that information any further as it is part of your personnel file and I"m sure someone around here knows what privacy rights you have there: Patricia? CBG?

As I read your post you are just assuming that the rest of your co-workers know. It is possible they do, but I wouldn't make a big deal about it now. Like I said, your boss had a right to know, what was told from there you don't know and if it was, is likely some violation of your privacy.
 
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