[MCOH-EH] Pre-placement Marijuana Testing

[Dr Joe Fanucchi]

Good afternoon colleagues,

I've asked this question before but have _never_ received a response 
from any of the "we don't employ anyone who tests positive for THC" 
hospitals:

A 60-year-old attendant in the hospital's gift shop undergoes 
chemotherapy for breast cancer. During the first round of chemo, she is 
constantly nauseated. She feels miserable. She vomits frequently. She 
loses 30 pounds.

During her second round of chemo, her oncologist (board-certified) 
recommends that she try medical marijuana, which her state legislature 
has legalized. She is not constantly nauseated, she vomits much less 
frequently, and she loses no weight.

Six weeks later (six weeks after her chemo and six weeks since she last 
used marijuana), she prepares to return to work. Unfortunately, her RTW 
drug screen is positive for THC and her employment (and health care 
benefits) are immediately terminated.

There are no "safety-sensitive" duties in her job description, she is 
not employed in a federal facility, and she has followed professional 
medical advice from a licensed physician. Six weeks after her last use 
of marijuana, she clearly is not impaired by it in any way.

I would invite comments from any Employee Health practitioner in a "we 
don't employ anyone who tests positive for THC" hospital regarding the 
justification for depriving this woman of her livelihood.

NOTE: Please respond to me personally rather than to the list as a 
whole, since I'm not trying to start an on-line quarrel: I would simply 
like to hear a logical argument either from a hospital attorney or from 
any Employee Health professional who is involved in the RTW process as 
to how this can be considered legally, morally or ethically justified.

Respecfully,

Joe Fanucchi
-- 

*Joe Fanucchi MD FACOEM*
President and Medical Director
MediTrax / OHS, Inc. <http://www.meditrax.com/>
o:925-820-7758
c:925-368-3367
drjoe at meditrax.com <mailto: drjoe at meditrax.com>

<http://www.meditrax.com/>

------------------------------------------------------------------------
On 1/23/2019 9:19 AM, PRATER, DEANNA wrote:
>
> Since we receive federal funds for Medicare, we have to follow federal 
> laws.  We test for THC with our new hires.  All positives are excluded 
> from employment.
>
> *From:* MCOH-EH <mcoh-eh-bounces at mylist.net> *On Behalf Of *Palfrey, John
> *Sent:* Wednesday, January 23, 2019 08:24
> *To:* 'mcoh-eh at mylist.net' <mcoh-eh at mylist.net>
> *Subject:* [MCOH-EH] Pre-placement Marijuana Testing
>
> List,
>
> This was previously posted in April of 2018. Of those responding, most 
> excluded candidates with THC positive screens from employment.  Am 
> reposting to see if there has been any change:
>
> With the changes in some state laws regarding recreational marijuana, 
> I would be interested in hearing how other healthcare organizations 
> are handling pre-placement drug screening for THC.  Are THC positive 
> drug screens excluded from employment? Has anyone stopped testing for 
> THC in pre-placement screening? Do you handle medical marijuana 
> differently than recreational?
>
> Thank you,
>
> *John C. Palfrey, PA-C*
>
> /Director, Occupational Health Services/
>
> 774-552-6108
>
> jpalfrey at capecodhealth.org <mailto:jpalfrey at capecodhealth.org>
>
-- 
*Joe Fanucchi MD FACOEM*
President and Medical Director
MediTrax / OHS, Inc. <http://www.meditrax.com/>
o:925-820-7758
c:925-368-3367
drjoe at meditrax.com <mailto: drjoe at meditrax.com>
<http://www.meditrax.com/>
/MediTrax software: Everything you need, at a fraction of the cost!/
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