Vista, CA asked in Health Care Law and Medical Malpractice for California

Q: Can a physicians assistant disclose you mental health diagnosis on a pre employment physical to an employer?

I went in for a pre employment physical for a job in a preschool. The PA asked if I was taking any meds and when I told him what I take he asked what it was for. I told him bipolar disorder. He asked if my new employer knew about my diagnosis. I said I put that I had a disability on a pre hire form but that was all. He then asked if it would disqualify me if they knew I was bipolar. I said I did not know. He then asked when my lest episode was and said I was good to go. He did not perform any other tests for the physical I was there for except for an eye exam. When I got my pre employment physical form back it mentions twice that I have a history of bipolar disorder. Is he allowed to mention that on my exam when I was not there regarding my mental health? I feel discriminates against.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In most cases, a physician assistant disclosing your mental health diagnosis to an employer during a pre-employment physical without your consent would likely violate medical confidentiality and privacy laws. Healthcare professionals are generally required to protect your personal health information. However, laws can vary, so it's important to consult a legal professional or local labor authority to understand the specific regulations in your area. If you have concerns, it's best to address them with the healthcare professional or their supervising authority

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