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HIPAA privacy laws do not apply to drug testing. To begin with, there is no patient. There is only a donor, or the individual who provides the specimen for testing. Also, there is no medical examination. A drug test is not conducted for any medical reasons, for diagnosis or for treatment.
For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it. If a drug test leads to a criminal conviction, the information is public record and may be easily found by an employer.
According to the Equal Employment Opportunity Commission, if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.
The new DOT waiver allows employers to forgo drug testing for drivers who were in a testing program within the previous 90 days.
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 timing for testing any non-negative drug screen depends on the confirmation (GCMS) process as well as the length of time it takes the MRO to get in contact with the candidate. A typical turnaround is 72 to 96 hours. Q: Should employers ask employees for a copy of their prescriptions?
(a) When, as the MRO, you receive a confirmed positive, adulterated, substituted, or invalid test result from the laboratory, you must contact the employee directly (i.e., actually talk to the employee), on a confidential basis, to determine whether the employee wants to discuss the test result.
A drug test consent form is the document you must present to an employee or prospective employee in advance to test for illegal drugs and alcohol. When an individual signs the form, it allows a healthcare worker to obtain a sample from them and a lab to share those results with you.
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.
Negative results are usually received within 24 hours; however, a non-negative screen will require further testing that may take a few days up to one week. If the initial screen is negative, a medical review officer (MRO) will typically contact the employer with the results.