Failed Drug Test Rights

Summary

In North Carolina, employers can conduct drug tests but must follow specific procedures, including having a written policy and informing employees. A Medical Review Officer (MRO) must verify lab results, review medical history, and maintain confidentiality. Your medical history may include failed drug tests, but the MRO should respect your rights. Relevant information for a drug test includes the drugs being tested for, your prescriptions, and related medical history. If you feel your rights are violated, consult an attorney.

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****C Burrows I am */ female. I have been on methadone matience for 15 years and receive 13 days take homes each visit. I have been drug free over 12 years I took a pre employment drug screening and failed for only methadone. The MRO called me and told me to simply provide my prescription to him and he will send it in as passed and that he is sending me an email to give me all the information I must complete. So the email comes and it now says he wants my last failed drug test,my amount of takes and more. Never did I mention I received take homes.( Because most people don't). Now, he is going to mark my test as failed if I do not provide my take home schedule and my last drug screening that I failed??? How's this legal? I didn't fail for any other drugs and I have a legal prescription, how can he mark my test as failed? I am going to lose my job offer in 2 days. I don't know what to do, but I absolutely refuse to allow this MRO to do this. I'm being treated unfairly, no one else is being asked for these items for any other prescriptions.
I'm sorry to hear about your situation, Vanessa. Before I can provide information relevant to your case, it would be helpful if you could let me know where this is happening, as employment laws vary by location.
NC
I'm sorry to hear about your situation, Vanessa. In North Carolina, the law allows employers to conduct drug testing. However, they must follow certain procedures:
- The employer must have a written policy.
- The employer must inform the employee about the drug testing.
- The employer cannot single out certain employees for testing.
If you believe your rights have been violated, you may want to consult with a local employment attorney.
What are laws MRO follow
In North Carolina, a Medical Review Officer (MRO) must follow regulations set by the Department of Health and Human Services. These include:
- Verifying lab results
- Reviewing the patient's medical history
- Maintaining patient confidentiality
If you think your rights have been violated, consult an attorney.
What's medical history include?
Medical history generally includes:
- Past illnesses or injuries
- Surgeries or treatments
- Medications you are taking
- Family health history
- Lifestyle habits, like smoking or alcohol use
- Records of your healthcare visits.
Does it include failed drug tests
Yes, your medical history could include failed drug tests, especially if they relate to your treatment or medication administration. However, the MRO should maintain your confidentiality and respect your rights.
Why would the MRO ask for failed drug tests and what time frame
The MRO might ask for past failed drug tests to:
- Understand your medication history.
- Assess the pattern of drug use.
- Verify any potential substance abuse issues.
However, there's no specified time frame for this. It largely depends on the MRO's judgement and your specific circumstances.
What are my rights concerning this MRO and information they are asking for
As a patient in North Carolina, you have the following rights concerning an MRO:
- Confidentiality of your medical records
- Right to not disclose information not relevant to the drug test
- Right to be treated without discrimination
If you feel your rights are violated, consult an attorney.
What information is relevant to drug test?
The information relevant for a drug test generally includes:
- The drug(s) being tested for
- Your prescription medications
- Your medical history related to these medications
- Information about your usage of the medications, such as frequency and dosage.
Remember, it's your right to refuse disclosing irrelevant information.