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HIV Question on Pre-Employment Medical Questionnaire
Jul 14, 2005

Hi there ! I was recently given a " verbal" offer for part-time employment ( no insurance benefits) at a local hospital in Georgia. Subsequently, I was informed I would be required to undergo a medical exam, before an official offer would be made. Upon receiving the medical questionnaire -which I am to bring with me to the exam - I noticed the questionnaire asks if I have ever tested positive for HIV. Is it legal to rountinely ask this question on a medical exam for employment purposes. By the way, my job would require face-to-face contact with patients, but not direct care. Thanks so much for considering my question. Matt. Atlanta, GA.

Response from Ms. Breuer

Hmmm. Not actually a legal question, my friend. I encourage you to leave it blank and take with you a note from your doc indicating that you do not have any condition which would put any patient at risk from contact with you in a face-to-face environment. You have no obligation to answer the question just because they asked it. The question is common, but that doesn't make it legal. Protect your confidentiality by pointing out that under HIPAA, this question is a bit too nosy, whatever the answer.

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