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  1. #1
    Join Date
    Apr 2015
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    Default Doctor-Patient Confidentiality Law for Pre-Placement Physical Exam

    My question involves labor and employment law for the state of: California


    I was offered a job prior to a physical exam. I contacted my employer and they told me that they weren't interested anymore, but refused to give me any sort of reason. I contacted the place where i took the physical, and i have been having difficulty receiving a copy of my results. I do not use drugs, and i am in peak physical condition. Can i demand reason from employer? Is there a patient/doctor confidentiality law between what the doctor can tell the employer outside the requested physical forms? Thanks to anyone taking the time to respond.

  2. #2
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    Jun 2014
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    3,212

    Default Re: Doctor/Patient Confidentiality Law for Pre-Placement Physical Exam

    The dr that did the exam is not your treating physician, so there is no dr/patient confidentiality.

  3. #3
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    Apr 2009
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    Default Re: Doctor/Patient Confidentiality Law for Pre-Placement Physical Exam

    Quote Quoting Jeffable559
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    My question involves labor and employment law for the state of: California


    I was offered a job prior to a physical exam. I contacted my employer and they told me that they weren't interested anymore, but refused to give me any sort of reason. I contacted the place where i took the physical, and i have been having difficulty receiving a copy of my results. I do not use drugs, and i am in peak physical condition. Can i demand reason from employer? Is there a patient/doctor confidentiality law between what the doctor can tell the employer outside the requested physical forms? Thanks to anyone taking the time to respond.
    When you say "prior to" do you mean "contingent upon"? What field of work are we discussing?

    It may not be as simple as Mercy has suggested,

  4. #4
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    Apr 2015
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    Default Re: Doctor/Patient Confidentiality Law for Pre-Placement Physical Exam

    Quote Quoting Dogmatique
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    When you say "prior to" do you mean "contingent upon"? What field of work are we discussing?

    It may not be as simple as Mercy has suggested,
    The job was for a position with a distribution center. Let me be a little more specific to what had happened. I had to take x-rays of my lower back. after the x-rays i was sent in my gown to drug test. I had synthetic urine in my pockets. I wasn't sure if i was going to test dirty or not, not important. anyways, i told the nurse i might test dirty and her attitude switched on me real quick, "i have to notify the doctor." The doctor comes in ranting about how I'm wasting his time. I went to put my clothes back on, when the nurse came in and said, "If you give me the synthetic urine, i will ask the doctor to at least let you try." I agreed and handed her the synthetic urine. Little did she know i had 2 on me. I went back to the bathroom, used the second bottle i had. She took it, and the doctor continued the exam. The exam was followed by a long lecture of how getting high at work is dangerous. I have no previous workers comp cases, no criminal background. In fact my previous job was with the competition, i have all the skills it would take the company 3-4 months to train a new employee. My real question, Being the doctor allowed me to continue the exam, does he have the right to tell my employer what happened? Or is there a patient/doctor law against this? He explained to me very clearly, "i am not a psychiatrist." Can i fight this at all? I'm very disappointed with this, any advice would help.

    When i say, "prior to", i mean after the interview i was offered the job on completion of the physical exam.

  5. #5
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: Doctor/Patient Confidentiality Law for Pre-Placement Physical Exam

    Quote Quoting Jeffable559
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    The job was for a position with a distribution center. Let me be a little more specific to what had happened. I had to take x-rays of my lower back. after the x-rays i was sent in my gown to drug test. I had synthetic urine in my pockets. I wasn't sure if i was going to test dirty or not, not important. anyways, i told the nurse i might test dirty and her attitude switched on me real quick, "i have to notify the doctor." The doctor comes in ranting about how I'm wasting his time. I went to put my clothes back on, when the nurse came in and said, "If you give me the synthetic urine, i will ask the doctor to at least let you try." I agreed and handed her the synthetic urine. Little did she know i had 2 on me. I went back to the bathroom, used the second bottle i had. She took it, and the doctor continued the exam. The exam was followed by a long lecture of how getting high at work is dangerous. I have no previous workers comp cases, no criminal background. In fact my previous job was with the competition, i have all the skills it would take the company 3-4 months to train a new employee. My real question, Being the doctor allowed me to continue the exam, does he have the right to tell my employer what happened? Or is there a patient/doctor law against this? He explained to me very clearly, "i am not a psychiatrist." Can i fight this at all? I'm very disappointed with this, any advice would help.

    When i say, "prior to", i mean after the interview i was offered the job on completion of the physical exam.
    Okay ... NOW it seems pretty clear what happened.

    Yes, he almost certainly has a right to relate information from the potential employer-paid medical exam to the potential employer. And given your intent to defraud and your admission that you are using drugs, I am not at all surprised that you did not get the job.

    The best way to prevent this from happening again???? STOP USING DRUGS!

  6. #6
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    Apr 2009
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    Default Re: Doctor/Patient Confidentiality Law for Pre-Placement Physical Exam

    Quote Quoting Jeffable559
    View Post
    The job was for a position with a distribution center. Let me be a little more specific to what had happened. I had to take x-rays of my lower back. after the x-rays i was sent in my gown to drug test. I had synthetic urine in my pockets. I wasn't sure if i was going to test dirty or not, not important. anyways, i told the nurse i might test dirty and her attitude switched on me real quick, "i have to notify the doctor." The doctor comes in ranting about how I'm wasting his time. I went to put my clothes back on, when the nurse came in and said, "If you give me the synthetic urine, i will ask the doctor to at least let you try." I agreed and handed her the synthetic urine. Little did she know i had 2 on me. I went back to the bathroom, used the second bottle i had. She took it, and the doctor continued the exam. The exam was followed by a long lecture of how getting high at work is dangerous. I have no previous workers comp cases, no criminal background. In fact my previous job was with the competition, i have all the skills it would take the company 3-4 months to train a new employee. My real question, Being the doctor allowed me to continue the exam, does he have the right to tell my employer what happened? Or is there a patient/doctor law against this? He explained to me very clearly, "i am not a psychiatrist." Can i fight this at all? I'm very disappointed with this, any advice would help.

    When i say, "prior to", i mean after the interview i was offered the job on completion of the physical exam.
    Unfortunately, it appears you're not kidding.

    This in NO WAY violates any sort of privacy law.

    - - - Updated - - -

    Quote Quoting Mercy&Grace
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    Even with a treating physician you sign an agreement giving the dr permission to release your medical info to other healthcare professionals that the dr may consult and your insurance company and others. Very, very few people read every paper completely before signing it. Then they say they never gave permisssion. These papers are signed when you do the New Patient paperwork.

    That's why the questions were asked.

  7. #7
    Join Date
    Dec 2009
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    Lake Chapala
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    Default Re: Doctor/Patient Confidentiality Law for Pre-Placement Physical Exam

    So why did you lie in your first post?

  8. #8
    Join Date
    Nov 2014
    Location
    California
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    260

    Default Re: Doctor/Patient Confidentiality Law for Pre-Placement Physical Exam

    Quote Quoting eerelations
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    So why did you lie in your first post?
    He probably doesn't view weed as a drug. Because it's from the earth, man. It's all natural, man. I don't do drugs, just weed man.

  9. #9
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    Nov 2013
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    in alto mare
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    Default Re: Doctor/Patient Confidentiality Law for Pre-Placement Physical Exam

    Quote Quoting Jeffable559
    View Post
    The job was for a position with a distribution center. Let me be a little more specific to what had happened. I had to take x-rays of my lower back. after the x-rays i was sent in my gown to drug test. I had synthetic urine in my pockets. I wasn't sure if i was going to test dirty or not, not important. anyways, i told the nurse i might test dirty and her attitude switched on me real quick, "i have to notify the doctor." The doctor comes in ranting about how I'm wasting his time. I went to put my clothes back on, when the nurse came in and said, "If you give me the synthetic urine, i will ask the doctor to at least let you try." I agreed and handed her the synthetic urine. Little did she know i had 2 on me. I went back to the bathroom, used the second bottle i had. She took it, and the doctor continued the exam. The exam was followed by a long lecture of how getting high at work is dangerous. I have no previous workers comp cases, no criminal background. In fact my previous job was with the competition, i have all the skills it would take the company 3-4 months to train a new employee. My real question, Being the doctor allowed me to continue the exam, does he have the right to tell my employer what happened? Or is there a patient/doctor law against this? He explained to me very clearly, "i am not a psychiatrist." Can i fight this at all? I'm very disappointed with this, any advice would help.

    When i say, "prior to", i mean after the interview i was offered the job on completion of the physical exam.

    You most likely signed a release. You attempted to cheat a drug test. The doctor most certainly can pass that info on and there's nothing you can do about it.

    You are not entitled to a job that you cheated to get.

  10. #10
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Doctor/Patient Confidentiality Law for Pre-Placement Physical Exam

    Being that you disclosed that you had synthetic urine, the doctor put in the comment section for the lab to test the urine if it were synthetic or real. The MRO wrote in his report that the urine specimen was negative but it was synthetic urine. Yes they can test for it. And your potential employer was notified of it.

    Don't blame the doctor, the lab, the MRO or the potential employer. There is only one person to blame, yourself.

    Let me ask, you said distribution. Are you a commercial driver? If so, the state may also be notified about the failed drug test. And being that they tested for synthetic urine and it was confirmed, it would be labeled a failed drug test.

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