Really need to know, medical records in NY background check Forum

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Really need to know, medical records in NY background check

Post by Anonymous User » Thu Nov 13, 2014 1:05 pm

Really need to know if medical records are requested by state or local government (da offices) or the Bar. A few years ago, i puked during an exam the the school sent me to a hospital. They did tox screen, pot probably came up. This was a really long time ago. Will this come up during a background check?

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fats provolone

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Re: Really need to know, medical records in NY background check

Post by fats provolone » Thu Nov 13, 2014 1:12 pm

why don't you just tell them

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Icculus

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Re: Really need to know, medical records in NY background check

Post by Icculus » Thu Nov 13, 2014 1:14 pm

Anonymous User wrote:Really need to know if medical records are requested by state or local government (da offices) or the Bar. A few years ago, i puked during an exam the the school sent me to a hospital. They did tox screen, pot probably came up. This was a really long time ago. Will this come up during a background check?
I very much doubt the state can just get your medical records. doctor/patient confidentiality and all.

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Re: Really need to know, medical records in NY background check

Post by Anonymous User » Thu Nov 13, 2014 1:19 pm

Also curious about this for alcohol related incident... There are no other records of this incident but medical.

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Re: Really need to know, medical records in NY background check

Post by Anonymous User » Thu Nov 13, 2014 1:34 pm

the good thing, i guess, is that i haven't sent a job application where I affirmed that I never did drugs, but only affirmed that I've never been convicted or charged with a crime. I wonder what I should put on the bar application, though.

Also, i know for a fact (having done them as an intern) that nyc background checks check criminal history, civil liabilities like lawsuits, liens, etc, some other vanilla stuff. Google searches of the people, etc.

I just don't want one stupid mistake to ruin my life or to get in the way of a job i really want.

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Re: Really need to know, medical records in NY background check

Post by Anonymous User » Thu Nov 13, 2014 1:52 pm

just checked...the NYS Bar asks if one is "currently" using illegal drugs. Well, that makes me feel better....no need to disclose what is not asked for.

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A. Nony Mouse

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Re: Really need to know, medical records in NY background check

Post by A. Nony Mouse » Thu Nov 13, 2014 2:18 pm

You'd have to sign a release for the bar etc. actually to get medical records, so you'd know they were being asked for, and I'd be surprised if anything would trigger records for an incident like that.

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Re: Really need to know, medical records in NY background check

Post by Anonymous User » Thu Nov 13, 2014 3:27 pm

On the same vein, can the NYS Bar disclose those medical records/other information to employers? Cuz that seems kinda invasive

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A. Nony Mouse

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Re: Really need to know, medical records in NY background check

Post by A. Nony Mouse » Thu Nov 13, 2014 3:33 pm

I'm pretty sure medical releases are specific to a person/institution - that is, you release your records to the bar, not to anyone the bar wants to show them to. (I also really have a hard time seeing when the bar would require actual medical records, but in case that ever happened, people can't just distribute your medical records without permission.)

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Icculus

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Re: Really need to know, medical records in NY background check

Post by Icculus » Thu Nov 13, 2014 3:35 pm

A. Nony Mouse wrote:I'm pretty sure medical releases are specific to a person/institution - that is, you release your records to the bar, not to anyone the bar wants to show them to. (I also really have a hard time seeing when the bar would require actual medical records, but in case that ever happened, people can't just distribute your medical records without permission.)
I see no situation in which the bar examiners will request medical records for C&F. I filled out the app and I can't see any answer to any question triggering a search for medical records.

My two unpaid parking tickets on the other hand, those they'll find.

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encore1101

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Re: Really need to know, medical records in NY background check

Post by encore1101 » Thu Nov 13, 2014 3:50 pm

The Admissions Questionnaire asks:

Do you currently have any [medical condition] that impairs or limits your ability to practice law?
and

Are you currently using any illegal drugs?

Not to be "depends on your definition of 'if'," but it doesn't seem like you have to disclose every time you had a negative incident resulting from drugs or alcohol, but only one that is ongoing. Consult a C&F attorney to be sure, but look over the packet and see if its really asking you to disclose that.

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encore1101

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Re: Really need to know, medical records in NY background check

Post by encore1101 » Thu Nov 13, 2014 3:51 pm

Anonymous User wrote:just checked...the NYS Bar asks if one is "currently" using illegal drugs. Well, that makes me feel better....no need to disclose what is not asked for.
I wouldn't read that too literally though. Maybe someone can make an argument that they were using illegal drugs the day before and the day after, but not the day that they filled out the packet, but you wouldn't want to be the first.

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Re: Really need to know, medical records in NY background check

Post by Anonymous User » Thu Nov 13, 2014 3:59 pm

We're talking about something that was happening 5-6 years ago...I think I can affirm honestly as to what my "current" situation is...I hope?

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