What are my rights regarding drug testing results privacy?

Asked almost 2 years ago - Sparta, NJ

i am a law enforcement officer in nj, i take medication that will make me test positive for a drug test. if and when i take the test and come up positive what are my rights regarding privacy? what is the minimum i need to show them to prove i am legally prescribed medication that will cause a positive result for drugs. And if, once i prove to them my legitimacy, it becomes leaked that i take this medication among other supervisors and officers, what are my options regarding legal action against my department?

Attorney answers (2)

  1. Yolanda Navarrete

    Contributor Level 20

    Answered . You should start by reviewing your police handbook and keep it handy in case you need to hire an attorney. Also get a medical report from the doctor that prescribes this medication, completely describing the necessity, affects and how the results will show up on such a drug test. Good luck.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  2. Jennifer Meyer-Mahoney

    Contributor Level 6

    Answered . When you get called in for a random drug test you are given a medication form on which you list all the prescription medications, over the counter medications and supplements you take. You seal the form and turn it in with your sample. If you test positive the medical examiner's office opens the sealed form. If you put the medication on the form that you tested positive for then the medical examiner's office reports it to your department as a negative test. If you did not put the medication on the form it will be reported to your department as a positive test. Most departments then require that you produce documentation from your doctor that the medication was prescribed to you and proof from the pharmacy that you filled a prescription for that medication before the test date. If you have any further questions please contact me at jmm@njhrlawyer.com

    This answer is provided for informational purposes only and does not constitute legal advice or create an attorney client relationship.

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