Is it legal for a college to require students to disclose what medications they take?

Question

My school recently implemented a new policy that requires students to disclose whether they are taking medicine for anxiety, depression, ADD, or ADHD. My question is if they can legally ask this question, or if they can, who will be entitled to this information, and under what circumstances?

Answer 1

If you live in students housing they have a right to know about all medications you are taking. Since the Virgina ech shootings, they want to especially know about mind altering drugs.

Answer 2

Hmm...

Two possible issues here:  Privacy and human rights.

Privacy legislation, though varying plenty by jurisdiction, typically prevents an institution like a school from collecting more personal information than it needs.  That said, I suspect the school could make a pretty good argument as to why it needs that information.

Human rights would be a problem if they discriminated - i.e. refusing entry to students who have ADD.  But my guess is that this isn't what's going on.

Most likely, they're looking to pay a little bit closer attention to the kids who have higher needs and who are potentially higher suicide risks.  If that's the case, then good on them; it's about time schools started to take responsibility for the health of their students.  Most likely, it's perfectly legal and laudible.

Answer 3

Likely, they just want the information for their own medical files in case you're injured or fall ill on campus.

Call up the department that issued the request and ask how they'll guard your information if you're concerned.

Answer 4

Is it legal?  More than likely yes - while one's medical history and medications are private and usually privileged (confidential), in a school setting, the argument is that the "nominal" intrusion into the student's privacy outweighs the privacy issues - especially to protect other students.  Examples of this argument would include VA Tech, Columbine, etc., - had the correct school officials known of these people's medical history, they may could have provided some monitoring and/or assistance.  

Who is entitled to this information/under what circumstances?  I would imagine that the dean of students and/or those teachers who deal with the particular students on a daily basis should have this information.  

Additional arguments for this "need" are that medications used to treat anxiety and depression have been under a lot of scrutiny in the last few years as many of those drugs have very severe side effects and some allegedly cause suicidal and/or violent thoughts.  

Most would agree that it's better to be safe than sorry. . .

Answer 5

I'd honestly say that it is a good idea that the school knows about the students attending there school or in this case college, and you ask why I feel this way??

Look at the past bad things that have been happening at colleges? sad, but they need to protect everyone so that they aren't in harm by attending College..

And if you are taking medication thats nothing to be Ashamed about I don't think, but  feel like its a good idea that a college is being over protective..

Answer 6

A private school can impose almost any conditions they want.  A public school is more limited.

Answer 7

I would be concerned about this policy, even if the college is well-meaning.  I would suggest asking for clarification on the policy and how the information would be used.  The Bazelon Center for Mental Health Law might be able to help you.

Even if they can legally ask for this information, you may still have protections under ADA and the education and medical privacy acts.  I would definitely let the Bazelon Center know about the policy.

It would be easy to say that this is for the safety and benefit of students, but taking medication for anxiety or depression isn't a very good predictor of violence.  If the administration is concerned about prescription drug abuse, then they should extend the disclosure to medications for chronic pain, which are more likely to be abused.

I think this is a knee-jerk reaction to the Virginia Tech shooting, and I'm concerned that the information would fall in the wrong hands.  Stigma does exist, and once the information is out there, it might be hard to control.  That's why we have medical privacy laws.  Misinformation and fear can lead well-meaning people to be hyper-sensitive to someone they believe erroneously to be prone to violence.

If a person has a disability like a mental illness, they can register with their school disability office, which will coordinate any necessary accommodations.  There is no reason for a professor to know the details, just that the person has a disability if he needs accommodation and what those accommodations will be.

Medication information should definitely be restricted in scope and used just in emergency situations.

Answer 8

This information should be kept by the colleges Medical Unit and be the same as a Doctors records with respect to privacy. They could claim it was for Medical Emergency in case you are found unconcious on campus.