Can the application for dential hygenist in the state of virginia ask about a persons mental health issues?

Posted by Dolores
health issues
dnnney asked:


When applying for licensing for dential hygenist in the state of virginia is it legal for to have in the application questions about a persons mental health and if they answer yes to that question they must submit a letter from a doctor?

GILBERT
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This entry was posted on Monday, February 23rd, 2009 at 3:44 pm and is filed under Mental Health. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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3 Responses to “Can the application for dential hygenist in the state of virginia ask about a persons mental health issues?”

  1. Snazzlefrazz Says:
    February 23rd, 2009 at 10:36 pm

    I’ve never heard of any licensing board asking for that information and you are in no way obligated to provide that, unless your state has different statutes. However, HIPPA is a federal regulation and privacy committee and they govern the disclosure of medical information. According to HIPPA employers cannot require that you divulge any medical information and the employee is able to do so at his or her discretion.

  2. Jen Says:
    February 26th, 2009 at 5:32 pm

    “An employer may not ask or require a job applicant to take a medical examination before making a job offer. It cannot make any pre-employment inquiry about a disability or the nature or severity of a disability. An employer may, however, ask questions about the ability to perform specific job functions and may, with certain limitations, ask an individual with a disability to describe or demonstrate how s/he would perform these functions.”

    I’m quoting directly from the American with Disabilities Act website (source located below). It does not sound like they can legally ask you that question. Mental illness is considered a disability. I also fail to see how mental illness would be a concern for a dental hygenist job. If their concern is someone going “crazy” in the workplace (for lack of a better term), well gee, that could apply to every single job position out there.

  3. George P Says:
    February 26th, 2009 at 6:58 pm

    The previous answerers are correct with respect to employment. Your question deals with state licensing The restrictions with regard to questions for licensing is completely different. Yes, they can ask these questions in order to make a determination as to your licensing qualifications.