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jdp349 Donating Member (372 posts) Send PM | Profile | Ignore Mon Nov-23-09 01:26 AM
Original message
Weird semi-legal question regarding medical confidentiality
A couple days ago I got hit by a pretty rough disease/virus and ended up missing a test in a class at my University. This has happened to me before and typically most professors understand that occasionally shit happens and people get sick. However I find myself in a weird dilemma. I now have a professor who claims it is department policy that I cannot take the exam unless I supply him with a Doctors note disclosing a complete diagnosis. Is that legal?

I did indeed see a Doctor just to get checked out as the virus had been getting more intense and peaked the day of the exam and I was concerned that it was something really serious. However why does this professor/department think they're entitled to my medical information? I know I could disclose that information to them if I choose, but I shouldn't have to right? Is he going to determine whether in his opinion if I was "sufficiently sick" or something, a guy with absolutely no formal training in medicine. If I had been diagnosed with something serious or potentially very embarrassing is it his right to know? This seems rather ridiculous to me. I'm not looking to make a big stink over this and just want to take the exam with as little drama as possible, but this policy sounds absurdly authoritarian and intrusive.
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EndersDame Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-23-09 01:31 AM
Response to Original message
1. I usually get a note that says I should stay home for x amount of days
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Heddi Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-23-09 02:01 AM
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2. well, here's the thing
I don't know if it is technically legal for him to ask for the "complete diagnosis".

I would get a note from your Doctor that states you were seen by your MD, and that your condition warranted being out of school/work from X date - X date.

If he (the prof) continues to give you shit, then go to the dept head or the dean.

It should not matter WHY you were out if you have a legitimate excuse from your doctor that your condition warranted being out of class or work.

You have a right to not be discriminated against based on medical conditions. That is why you should not be required to provide EXACT MEDICAL DIAGNOSIS because there is a chance that telling your professor you had an HIV-related illness, or an abortion, or a mental health issue could lead to discrimination (not saying you had any of those things, but those things often lead to the person who has them being discriminated against)
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LeftyFingerPop Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-23-09 02:09 AM
Response to Original message
3. Remind your doctor of the HIPAA laws when he writes the note.
He is prohibited from disclosing your diagnosis to ANYONE without your written permission.

Have your doctor write a note stating that you are under his/her care, and was medically unable to take the exam that day.

When you give the note to your professor, and he questions why the diagnosis is not there, say that your physician refused to write the diagnosis because of the HIPAA (pronounced "hippa") laws.
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