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  1. #1
    nursekat is offline Junior Member
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    Unhappy passed drug screen,employer is making me take a "fit for duty" test, refused release

    What is the name of your state (only U.S. law)? Washington I was offered a nursing position in a hospital. I passed the background and drug screen checks. however I was asked prior to the testing to list my medications on a blank form they gave me. I thought at the time it was for the drug screening company. However, later I was called in to a meeting with HR and the nursing supervisor who questioned me about the meds I take. I was asked if I always "work under the influence" and if I would be on medications for life. I told them truthfully that I had been on the same medications for many years and have worked as a nurse with no errors, have had no problems, have no history of drug abuse, and am stable. I also presented a release from my physician stating I am mentally and physically able to work as a nurse. They would not accept the release and are requiring me to travel to a clinic of their choice for "fit for duty" testing. I must also present my medical records. I feel I was tricked into giving them the medication list, and also wonder if they can legally pass on that information. I believe I will (and am) being judged, not on my ability to function, but on my medical information, and the job offer will be withdrawn. What does the law say, do I have any options?
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by nursekat View Post
    What is the name of your state (only U.S. law)? Washington I was offered a nursing position in a hospital. I passed the background and drug screen checks. however I was asked prior to the testing to list my medications on a blank form they gave me. I thought at the time it was for the drug screening company. However, later I was called in to a meeting with HR and the nursing supervisor who questioned me about the meds I take. I was asked if I always "work under the influence" and if I would be on medications for life. I told them truthfully that I had been on the same medications for many years and have worked as a nurse with no errors, have had no problems, have no history of drug abuse, and am stable. I also presented a release from my physician stating I am mentally and physically able to work as a nurse. They would not accept the release and are requiring me to travel to a clinic of their choice for "fit for duty" testing. I must also present my medical records. I feel I was tricked into giving them the medication list, and also wonder if they can legally pass on that information. I believe I will (and am) being judged, not on my ability to function, but on my medical information, and the job offer will be withdrawn. What does the law say, do I have any options?
    It sounds to me like you made the assumption of what the medication list was for, and you were wrong. If you had any question about how the information was being used, it was your responsibility to ask the question.

    If you are on medications that are considered controlled substances, or narcotics, and upon your own admission you have been on those same medications for several years, they may well have a valid concern about your ability to perform your duties as a nurse. Additionally, if your own doctor has been prescribing those meds to you as a long-term solution, there may well be a valid concern as to the necessity of the medication to your condition, as well as the competency of the doctor who continues to prescribe said medications.

    There are doctors who just keep signing off on refills long after a particular medication loses it's effectiveness, and your potential employer may see this as a possibility. In order to satisfy their concerns, they are justified in having you examined by an independent physician who can take a fresh look at your condition and treatment to see whether or not it is still an appropriate approach to continue using those prescription meds.
  3. #3
    Proseguru is offline Member
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    You should have asked questions regarding the drug testing & what they would test for.

    Your lucky that the employer is willing to examine your fitness further; most would just say "no thank you". Clearly you are on drugs that can affect a person's judgment or performance.

    You feel you were "tricked" but I think that you were not checking on the testing requirements well enough.

    If you feel unhappy with the treatment you received, are you going to continue with the interviewing process or simply tell them you are not interested?

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