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JD
JD, Lawyer
Category: Legal
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Experience:  Over 11 years in practice as a litigator ... civil and criminal
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My husband is currently a Police Advisor in Afghanistan with

Customer Question

My husband is currently a Police Advisor in Afghanistan with a contract company. His contract ends in April after a year. He has been being treated for VERY low testosterone for the past 3 years. His application paperwork includes this information as well as he has to take weekly testosterone injections. In October of 2009 the company did a urine drug screen for illegal drugs and steroids. He was notified today that his was positive for "synthetic" prescription testosterone. He showed them his prescription form his Doctor at UNC as well as a letter from his Doctor stating he is under her care for this. They have taken all of his weapons away and are demanding that he get the "numbers," of his results. Is this a HIPPA violation? Shouldn't the letter and script suffice?
Submitted: 4 years ago.
Category: Legal
Expert:  JD replied 4 years ago.

Considering the type of work your husband is in, it is perfectly reasonable for the employer to insist on random drug screens. His employment contract should clearly spell this out (you should read it carefully and make sure). Once the employer receives a positive reading, you must assume they are going to make inquiry to ensure the employee is not abusing some elicit substance. It is reasonable for the employer to ask for levels to insure your husband is not abusing his prescription in such a way as to place himself and others at risk. Again, it is reasonable and is likely spelled out in his employment contract.

 

You should read his contract carefully. It should spell out the rights of both parties in this situation. This really isn't a HIPAA issue as he will be providing the information himself. Whether or not they can force him to provide it will depend on the language of his contract, but I predict that they can.

 

If he had no employment contract then the employer would have every right to take these steps and his refusal to provide the "numbers" could easily lead to his immediate termination. Therefore, unless the employer's actions violate his employment contract then he will need to comply with their requests or risk losing his job.

 

Please reply if I can help further.

 

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JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience: Over 11 years in practice as a litigator ... civil and criminal
JD and 12 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thanks, that's what I thought. It's no big deal, it's just that this company has and does some crazy things!! I have already scanned results I had and emailed them. It's tough on the weekend to get results....
Again thanks.
Expert:  JD replied 4 years ago.

Some people get frustrated/embarrassed/angry about things like this... it's best just to roll with it and prove that you've done nothing wrong.

 

Good luck!

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