30/04/2024
Can my Virginia Medical Ma*****na Card be viewed in a background check?
🌟Ma*****na is proving to be an effective treatment for a variety of chronic health disorders. As a result, medical ma*****na is currently allowed in 38 states, including D.C.. Qualifying patients receive state issued medical cards based on a doctor’s recommendation. Despite its widespread use, medical ma*****na legislation and the ramifications of obtaining a medical ma*****na license are frequently misunderstood.
🌟Is My Medical Ma*****na Record Protected?
Yes. Thanks to HIPAA regulations, you can trust that your medical information will be protected. The Health Insurance Portability and Accountability Act (HIPAA) is a law that includes security and data privacy provisions to protect patients’ healthcare-related and medical information in the United States.
🌟The HIPAA Privacy Rule
The HIPAA Privacy Rule is the first national policy in the US to secure patients’ personal or protected health information. It aims to preserve patients’ privacy by requiring doctors to submit a list of all entities to whom they disclose patient information(for billing and administrative purposes) while still allowing necessary health information to flow via the proper channels.
The Privacy Rule is applied to the following individuals and organizations, which are deemed covered entities:
Healthcare Providers – Every healthcare professional, regardless of practice size, electronically communicates health information in connection with specific transactions.
Health Plans – Organizations that offer or pay for medical treatment.
Healthcare Clearinghouses – Entities that convert nonstandard information received from another entity into a standard or data content, or vice versa. Examples include a billing service, repricing company, and community health management information system.
Business Associates – A person or organization who performs or provides activities or services for a covered entity by using or disclosing personal identifiable health information.
The Privacy Rule also protects people’s rights to know and choose how their health information is used. The primary goal of the Privacy Rule is to guarantee that individuals’ health information is effectively protected while allowing the flow of health information required to deliver and promote high-quality treatment and maintain the public’s health and wellbeing.
🌟Is a Medical Cannabis Card Viewed in a Background Check?
No, it is not. Background checks will not reveal that you were granted a medical ma*****na card. HIPAA still protects this information because technically, your state-issued card can only be obtained with a doctor’s medical recommendation.
Though HIPAA may keep the status of your consumption private, it’s vital to note that the state-issued card is not. Despite this, state officials cannot obtain or transmit that information to employers. There is no way to access the data without permission, and your personal information, such as your social security number, is not included. That means when you go to a dispensary, they can only check to see if your card is genuine — they can’t view anything more about your health or personal information.
🌟Is a Medical Card Included in a Federal Background Check?
Technically, simply having a medical ma*****na card will not appear on a federal background check. However, this does not rule out the possibility of your ma*****na use being detected.
Your criminal record will show up in a federal background check, so if you’ve been convicted of ma*****na possession, even if you were using it for medical reasons, you may find it difficult to obtain work. While a medical cannabis card will not appear on a federal background check, if you’ve had any run-ins with the law related to ma*****na usage and/or possession (even if it was medical), you may still face issues if your criminal background check is run.
Keep in mind that federal and state laws are very different. Ma*****na is still prohibited in the United States. As a result, federal government employees are required to follow federal regulations. Because federal regulations oversee drug-free workplace policies, a federal contractor may conduct a drug test on the job. If they do, there could be legal implications for you.
🌟Can Employers Access Medical Ma*****na Records?
No, they can’t. Your employer will never be able to access that type of sensitive information. Nor will it be accessible to a future landlord or a bank lender. Even if you utilize the company’s doctor and the information is revealed in your medical report, the doctor is not allowed to share the information with your employer. Your information is secure, but it’s up to you to exercise caution regarding employers discovering it.
🌟Cannabis Laws on Employment
Medical ma*****na laws currently exist in around three-fourths of states, allowing those with significant medical ailments to consume ma*****na with a doctor’s permission. However, just because ma*****na is legal in many places does not mean it is permitted in the workplace. Employers can terminate, punish, or take other disciplinary action against an employee who uses ma*****na at work or shows up to work. In contrast, under the influence of ma*****na in most states, even if the individual requires it to cure a medical condition.
Several states have laws prohibiting employers from discriminating against medicinal ma*****na cardholders or terminating employees who test positive for ma*****na. Some of these states additionally require employers to fairly accommodate an employee who requires medicinal ma*****na to treat a medical condition, such as enabling an employee to start work later in the morning because she uses medical ma*****na to treat glaucoma at night. Most states that have legalized medical or recreational ma*****na leave testing decisions at the discretion of the individual employer.
🌟Stay Informed
Be aware, even if medicinal ma*****na is legal in many jurisdictions, several states are still taking steps toward decriminalization. While your health data will be padlocked from anyone on the outside looking in, it is your job as a cannabis consumer to keep your consumption discrete. Use prudence, common sense, and remain current on your state’s legislative changes.
Adapted from thecannabiscommunity.org
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