Prescription drug not hers

szemcumo

How would you handle a positive result returned on a random drug test for a drug that registers on the opiate readings that is a prescribed drug but the ee is using someone else's prescription? Currently we only term for illegal drug useage, but although this is a prescribed drug, would you consider this illegal use? Thinking of changing policy. It's always something! Thanks in advance!

Down_the_Middle

Positive is positive without regard to the source. Your policy presumably addresses impairment and not the origin of the Rx or drug.

POPEYE

Using someone else's prescription is illegal so follow your policy. If your
policy is zero tolerance then I would say goodbye to this EE. If you have
ever taken the 2 or 3 strikes then your out stand, then you might want to
consider that approach but most definitely treat it as you would any POSITIVE!

ray a

According to our drug test supplier, testing positive when using someone else's prescription is the same as testing positive for an illegal drug. Taking prescription drugs prescribed for someone else can be dangerous. We terminated an ee for that about 2 years ago.

Betty I_O

It does not matter where the drug came from-the employee tested positive. We would terminate.

Pork

SZEMCUMO: In our company policy the use of a controlled substance under other than a prescribed drug issued by a physician for a named ee, it is illegal and a violation of company policy and termination will be the final result. While waiting on the official lab report the ee is suspended and sent home. The termination will then follow if the lab identifies the substance as a positive for a controlled substance but not prescribed by his/her physician.

Hope this helps! IT WORKS FOR US, AND WE HAVE ONE OUT THIS DAY WAITING ON THE FINAL AX TO DROP WITH A POSITIVE FOR PRESCRIBED PAIN PILLS THAT WERE NOT ISSUED TO HIM FOR HIM!

PORK

LindaS

Agree with all the others. Follow whatever your policy dictates for a positive test result. Our policy specifically states that an employee testing positive for a prescription medication that has not been prescribed to them, or in the manner prescribed, is considered "positive" and we follow our disciplinary measures accordingly.

Leslie

Your policy has to say something about the requirements for a prescription, doesn't it? If you have no requirements for prescriptions, such as they have to be in your own name, I don't know how you can term. They are presenting a legal prescription, it just isn't theirs.

Our employee's scripts must be in the employee's name, no more than a year old, taken at the prescribed level, and if not written by an USA physician the script must be verified by one.

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 10-22-03 AT 07:08PM (CST)[/font][p]Hi Leslie - I have a question - would the police use the same standard?

Let's say the prescription drugs were in the possession of this employee (person) & the prescription belonged to another individual - or go one step further & the police officer saw the employee (person) pop the pill (of another's prescription) - wouldn't that employee face charges? Is the idea that any prescription is a prescription, regardless of who's name is on it - if it's not specifically stated in the policy, just a slick way (for the employee) out of termination? I have a limited drug program in our organization and our policy states: Prescribed Drug: means a drug lawfully prescribed for therapeutic use for the individual having possession of it - even if it didn't though - couldn't we term the employee? Just for the sake of a good discussion & with absolutely no ill intent - please help me understand x:-)

E Wart

Read you policy. If you don't address prescription drugs, you may be up the creek. However, it is a positive. I am handing out our revised Substance Abuse policy today. It covers this. If you would like a copy send me your email. I will be glad to share it. (Just to warn you, it is long.)

E Wart [email]ewarthen@newcombspring.com[/email]

Shadowfax

It'd be nice if your policy addresses the issue, but I don't thnk it matters. What you have is illegal drug use. Period.

LindaS

In response to Leslie and MWild I had a situation yesterday with an employee who was given some prescription pain medication. Due to the nature of his job, he presented me with the prescription bottle so that I would know what type of pain medication he was on. Right on the bottle was a notice that stated that it is against the law for anyone other than to whom the prescription is written to take that medication. That should answer your questions regarding whether or not you have a right to terminate an employee who is taking prescription meds. without having a prescription - the answer would be YES (at least in my opinion).

Balloonman

Let's make it simple. You have a positive being reported by the lab. As long as there is an MRO in the process, a positive is a positive.
Terminate the employee.

My $0.02 worth.
DJ The Balloonman

ray a

Yesterday, was our monthly drug test pee party. I checked with the provider and they assured me it was illegal to use prescription medication prescribed for someone else. This supports what others have said about the legal angle.

szemcumo

Thanks to all who responded. The situation has been dealt with and your help is greatly appreciated. NOW....does anyone have a rehire policy regarding this topic. Would you wait x amount of months if even a consideration and if so how long and what stipulations would you apply....ie retest at own expense for up to 6 months are would you even bother considering rehire?
Thanks again!

San Francisco

Employees terminated due to a positive test result may reapply after 12 months - the same for applicants, per our policy. The reason is that those successfully rehabilitated and no longer engage in illegal use of drugs are protected under ADA. I would require documentation that the person successfully completed a program.

Elizabeth

ray a

We rehire after the terminated ee has successfully completed a rehab program. We also specify where they must go for rehab. If rehired, they are then subject to monthly drug screens until such time we believe it no longer necesary. I have rehired one person under these circumstances.

Leslie

Ours is a six month rehire with a year of monthly mandatories to follow. I tried to put a time limit on it; i.e., if it's been more than three years since termination than the employee does not have to perform the monthly mandatories. However, I got shot down by our drug testing consulting firm and legal. Not sure why.

Thanks for the info on prescriptions. Quite frankly the reason I don't get into this much is because mostly it's someone taking their spouse's prescription. When we were a drug free work place, we gave them the opportunity to get a script in their own name. If the doctor wouldn't give them one they had a first positivie.

Now that we're zero tolerance, they're termed on that first positive. I have pounded the point out loud and often, so haven't had a term over an illegally taken prescription yet.

earlru

Anytime a person uses a prescription that belong to someone else this is illegal use of a prescription. This person should handled in the same manner that your policy dictates for other person(s) discovered with a positive result.

Don D

I pretty much agree with everyone, except Leslie; but, I ain't gonna schmooze her. A policy does not have to define a prescription as being for the person who ingested the drug. That's not only common sense....it's federal law. Let this be a lesson to all of us who have, perhaps on occasion, taken a pill prescribed to a family member or co-worker. In a recent seminar, the instructor one night took a darvocet given to him by a participant. The instructor was from a thousand miles away and had an incredible toothache. This was illegal. So is your illustration.

Leslie

Oh I knew I'd get hit on this one. I for one would not take another's script - but would I if I didn't work in this environment with the knowledge I have? You see people do it all the time. You say something to them about it and they look at you like you've grown two heads. A script is a script - the company policy is in place and I administer it.

Don D

Please clarify. Are you saying that as long as 'A' prescription exists somewhere for that drug, even though it's not for the person who took it, that follows your policy? If that's true, what then would be your approach if that person paid the other fifty cents for the pill?

ray a

Our provider for drug screens requires that the prescription be in the ee's name. If the question comes up, the ee must provide a current prescription for the medication in their name. The provider tells me what I do is my business, but they log it as a positive screen.

Tish

My question is do you have a MRO that makes a determination upon a positive result? In that event they should be doing the investigation, if the prescription was for someone else, which again is illegal, all you should really be receiving is a confirmed positive result.

Don D

Unless it is a DOT physical or your state law requires it, an MRO is typically not an absolute requirement. Some forms of the Drug Free Workplace Act also require it. It may be unwise to proceed without the involvement of an MRO in positives, but he/she is often not part of the equation.