Posted on Apr 5, 2022
Is my NCO allowed to ask to see a prescription that I have been given for an issue?
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I have issues sleeping and I was prescribed a medication that literally knocks me out, but for the first time I overslept this morning and got counseled, and I told him about it and he asked to see it, I asked a corporal Buddy of my and he said technically it is a part of my health record so he can’t ask for it, is that true?
Medical
Career Advice
Career Counselor
Posted >1 y ago
Responses: 7
Soooo......I have to ask. When you were prescribed the meds to help you sleep, did you inform your NCO that you were given meds to help you sleep? Even just a heads up stating "Hey, Sergeant, I was given meds that will knock me out. If I end up being late to formation, that will be why." Your CPL buddy is technically right but also technically wrong. This would fall in the realms of mission and medical readiness. Which is your NCOs lane AND your Commander's lane. If you are concerned about HIPAA, then inform your Commander of the meds (again, because this is their lane), and then your Commander can inform your NCO.
Also, I recommend you take notice on how they affect you and take better steps in planning on when you need to wake up and when you should take the meds.
Also, I recommend you take notice on how they affect you and take better steps in planning on when you need to wake up and when you should take the meds.
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COL (Join to see)
And to add, although you have rights to privacy on PHI your CDR has the legal right to know essentially everything about you as it affects his/her command. So your CDR by default acts like a physician, chaplain, psychologist who are granted authority and access with a presumption they possess the moral character to protect your info. So NCO under cdr authority can ask and be party to your phi.
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SFC Kelly Fuerhoff
COL (Join to see) - Not exactly from what I read about the Military Command Exemption. It states that providers can release certain PHI to commanders but they don't have to - and they do not release an entire medical record to a commander. Also no a commander does not act like a physician, chaplain or psychologist by being able to see certain PHI. If they are given access to PHI, they just have to protect it but they can't just give it to anyone.
Should a NCO know if their soldier is on sleep medication? Sure - and that's where if they are a good NCO or not comes into play and how much a soldier trusts their NCO.
Should a NCO know if their soldier is on sleep medication? Sure - and that's where if they are a good NCO or not comes into play and how much a soldier trusts their NCO.
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It's a sticky situation. Being in the Military you still have HIPAA protection but the unit also has the right to know if your medical situation will effect mission effectiveness to include you being able to work as expected. If your medication is effecting your ability to work it gets into an area of grey. If you refuse to provide information about your medication they could possibly disregard your claim and think you are lying about it. The Unit needs you to be able to work. If the medication is causing an issue you need to get ahead of the problem and find a solution. It shows you are being proactive. You won't be able to hind behind your current meds forever and expect the NCO to stop pushing. Especially if you start oversleeping again. You don't have to forfeit your rights but you also need to understand expectations from both sides.
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Sounds like you need a profile or medical memorandum from a doctor that states you need to get "X" amount of sleep and while on this prescription you either can't make it to duty until XX:XX hours if you are taking it with less than normal release hours from duties/work to attain proper amount of sleep the doctor says you should get and the medication makes it safe for you to be on duty. Them knowing your medicine does not tell them how as a doctor it is being prescribed to you or even how it will uniquely effect every human being differently. You have to work with your doctor and your command to empower both to make sure you are all set up for success and get you back to fully FMC. (World According to Dan)
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