Legal Question in Employment Law in California

Employer Access to Employee Medical/Prescription Records

Is it legal in the state of California for your employer to have access to your medical or prescription records? I work in a pharmacy setting at a hospital and during the course of a compliance complaint investigation, departmental individual employee prescription records were reviewed by administration and the corporate compliance officer without the knowledge or consent (written or verbal) of the employee. It is my understanding that employers cannot have access to your medical/prescription records under privacy law. Please advise. Thanks


Asked on 1/25/03, 5:15 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employer Access to Employee Medical/Prescription Records

As a general rule, employers do not have the right to access confidential medical records of their employees without the employees' consent. To do so would violate the Confidential Medical Information Act.

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Answered on 1/29/03, 12:32 pm


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