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wileybunch

Senior Member
What is the name of your state (only U.S. law)? Nevada

My husband works for a medical imaging company (ie. X-rays, ultrasound, MRI, CT, etc.) as a registered CT tech doing CT and MRI and also handles their accreditation and radiation safety program. He's worked there almost 8 years.

His company was recently purchased by a large hospital chain that is keeping the medical imaging company as a separate division (an "affiliate of"). The sale/changeover will be complete within the next month and employees are being required to undergo urine drug test and fill out a list of any prescriptions or meds they take. They are also all being put on 90-day probation. They also had to all fill out employment applications.

DH isn't keen on the idea they are requiring a list of any meds they take. He doesn't do any illegal drugs, never has, so that's not the issue. But, he takes a prescription med for depression he'd rather they not know about.

Is it legal to require disclosure of the meds in the first place?

I should add DH isn't 100% sure they are requiring disclosure of ALL drugs. Other locations in the area already went through this and this is what other employees have said was required. The road show comes to his location on Monday so he'll know for sure what's required then. Seems to me they should only be able to ask about prescription drugs that can be abused to have an effect like street drugs do so that they can have you get a doctor's note or whatever to explain what's bound to test positive in the urinalysis.
 
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ecmst12

Senior Member
He works for a hospital; even if he does need to tell him about the depression meds, they're not going to care. Tons of people take them these days, and they're used to treat a variety of conditions besides just depression.
 

wileybunch

Senior Member
He works for a hospital; even if he does need to tell him about the depression meds, they're not going to care. Tons of people take them these days, and they're used to treat a variety of conditions besides just depression.
That assumes everyone with access to the information would not use it for nefarious purposes. One can wish that, but that can't truly be known for a fact. So I'm interested to know the legal answer.
 

ecmst12

Senior Member
What 'nefarious purposes' could it possibly be used for though?

I do know that his employer is prevented by the ADA from taking any adverse action against him solely due to a disability that is not affecting his job performance.

I think he should wait to get all the information about what he will be asked to do before he starts freaking out about this though. Rumore are probably flying around so fast, and everything gets blown out of proportion, you know how it goes.
 

wileybunch

Senior Member
The road show comes to his location on Monday so he'll know for sure what's required then, but in the other offices, the new company had a meeting at the location and then took the samples so it's not like he would have time between finding out what they plan to do and when they will do it to find out the answers to the questions I asked here.

And, if you think companies don't use personal information for nefarious purposes, I want to live in your bubble! I've been in the workforce for a very long time and know better.

We live in southern NV where there seem to be a higher level of people with issues of one sort or another -- drugs, alcohol, gambling -- than in Silicon Valley where I lived for so long before here. So I don't blame them for wanting to do drug screening, but think there's 0 purpose in asking employees to submit a complete list of any/all prescription meds they take. When you get to be a 60-ish person taking a heart med, you might feel differently about it, especially if an employer is self insured.

P.S. I am still interested in hearing a legal answer should someone happen onto this post and see it before Monday.
 
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You Are Guilty

Senior Member
Unless he has an employment contract stating otherwise, of course they can ask. He can either comply, or not. Compliance will almost certainly result in him keeping his job. Failure to comply can go basically two ways: he doesn't list the drug, it shows up in the urine test and because he did not previously admit to taking it, he will be considered a liar and possibly terminated. Or, the drug may not be detected in his urine and no one is the wiser.

If he wants to seek some sort of legal protection for his depression, it would need to rise to the level of a full-fledged "disability" to get it, which obviously means it has to be disclosed to the employer (not only disclosed, but medically substantiated, actually). Since it seems like disclosure is not a desired outcome, your options are limited.
 

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