Please Note: Due to volume considerations, not all questions can be answered. Questions most likely to be answered will be those of general interest to a broad group of visitors to this forum. Questions pertaining to a specific case; requests for diagnosis, medical advice, or second opinion; or requests for opinions about untested alternative therapies will generally not be answered.
Ask the Experts about Workplace and Insurance Issues
Hospital is requiring visits to it own M.D. requarding HIV
Jul 21, 2003
I am in the post job offer phase of employment at a local hospital. After the offer was made the hospital became aware of my hiv+ status. The hospital has a policy that I must see their M.D. every six months who will determine whether I can continue working or not. I am an RN. I feel this is not acceptable but very much need to take this job. Is it legal for them to require me to see their M.D. Can they require me to get blood drawn and test done too reguarding my HIV status?
Advertisement
Response from Ms. Breuer
Hospitals set their own policies on HIV-positive employees. It's probably just as well; otherwise the job would be done by legislators. They are within their rights as long as they treat all employees with HIV in the same way.
Go ahead and take the job, and work on developing a strong, positive relationship with the MD whom you'll be seeing. It sounds as though they've set a policy to make sure they're fair in determining whether a person with HIV is able to fulfill all of the essential functions of the job as the months/years go by. I doubt that that will involve blood tests, but if they do request blood, learn all you can about why. Sometimes employers get a little fuzzy about the line between being your employer and your health care provider, so your questions about why you can't just take care of this with your own provider may serve to remind them. Good luck with the job. I encourage you to think about being part of the solution to the problem of HIV-positive health care workers and their rights and responsibilities by being proactive in this job.
Want to read more questions and answers on this subject? Our experts have answered many similar questions!
Please remember that this forum is designed for educational purposes only, and experts are not engaged through this
forum in rendering legal or medical advice or professional services. Experts appearing on this page are independent and are solely responsible
for editing and fact-checking their material. Neither The Body nor any sponsor is the publisher or speaker of posted visitors' questions or the experts' material.
Questions and messages posted to this forum are not statements of advice, opinion, or information of The Body, Body Health Resources Corporation or any sponsor of this
forum. While neither The Body nor Body Health Resources Corporation regularly reviews posted content, we reserve the right to delete, move, or
edit postings if we deem it appropriate under the circumstances. Visitors submitting questions remain solely responsible for the content of their
messages.
Information provided by experts is general only and should not be used for diagnosing or treating a health problem or a disease, or relied upon as
legal or other professional advice. This information is not a substitute for professional advice or care. If you have or suspect you may have a
health or legal problem, you should consult your own health care provider or your attorney.