Question: Are Drug Test Results Considered Medical Records?

Can a doctor release drug test results?

HIPAA Authorization HIPAA stipulates that “covered entities” must provide HIPAA-compliant authorization before releasing drug and alcohol test results.

Collection facilities or labs employed for the drug test will typically have an authorization form..

Can you fail drug test if you have prescription?

The ADA specifically states that “tests for illegal drug use are not medical examinations and are not evidence of discrimination against recovering drug abusers when used to ensure the individual has not resumed the illegal drug use.” If an employee uses a prescription drug not prescribed to him or her, the ADA …

Will MRO call if you fail drug test?

If the initial drug test is positive, the MRO will contact the donor to see if they are on any medications or have any other legitimate medical explanation for the positive result (usually within 24 hours). If the donor does not answer, the MRO may leave up to three voicemails. The donor is given 72 hours to respond.

How do you fight a positive drug test?

Some companies will allow strong candidates to retake a drug test. The best way to contest false-positive results is to reach out to your pharmacist and ask if prescription drugs and OTC medications you take on a regular basis can cause a positive drug test result.

How long does it take for a positive drug test to come back?

Drug test results typically take 24 to 48 hours, depending on the type of test being performed (e.g., urine, hair or DOT).

What drugs will make you test positive for benzodiazepines?

In the case of unexpected positive benzodiazepine results, consider the following drug exposures: Chlordiazepoxide (Librax®, Librium®), Clorazepate (Gen-xene®, Tranxene®), Diazepam (Valium®), Oxazepam, and/or Temazepam (Restoril®).

Will an employer contact you if you fail a drug test?

Following a negative result: If your test results are negative for drugs, it is common for a medical review officer (MRO) to contact your employer with the results. Your employer will then typically contact you regarding next steps of the hiring process.

Will menstrual blood affect urine drug test?

Menstrual blood can contaminate a urine sample. Vitamin C supplements, food coloring in candy, and the natural color in beets can affect the color of your urine.

What happens if my drug test comes back positive?

If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.

Can I get fired for taking prescription drugs?

Under the ADA, an employer cannot discriminate based on disability. However, if over time the disability no longer exists, if the medication is interfering with your ability to perform essential job functions with reasonable accommodations, or if you are taking the medication illegally, then you can be fired.

Can my employer see what prescription medications I take?

A: Generally, no. Asking employees about prescription medications constitutes a medical inquiry under the ADA, in part because it may reveal information about an employee’s disability. Medical inquiries may be made of employees only if they are job related and consistent with business necessity.