Can a doctor give you a drug test without your consent?

Discussion in 'Drug Testing' started by ceecee79, Aug 10, 2007.

  1. ceecee79

    ceecee79 Registered+

    I am curious about whether a doctor can give you (as a patient) a drug test without consent, according to the law, or would the law vary from state-to-state (in the US)?

    I just wonder about this because I work at a lab, and I see so many orders for drug tests, panels, and specific tests, such as cannabinoids, percocet, "drugs of abuse screen serum", ect. I always look at the age, and sometimes it is a teenager, but other times it is an adult patient. Like a 72 year old being tested for weed!? I just can't imagine adults just consenting to being drug tested by their doctors so I'm just wondering why there are all these orders for drug tests?

    I also wonder about HIPPA regulations regarding this situation, as usually these tests are being filed under the patient's insurance (which I assume, is through their employer) so technically, the employer would have access to the information. In my case, my employer would have direct access to the information, as I am employed by the lab, and all tests through them are covered at 100%, if I went to a different lab it would be 80% after deductible.

    I also used to work at United HealthCare, and our insurance was through them as well, so that's a similar type of situation, where my employer had direct access to my medical records.
  2. IanCurtisWishlist

    IanCurtisWishlist Registered+

    HIPPA regulations state that your doctor may not, under any circumstances, release any medical information to anybody other than the patient without your consent first. you would have to sign a waiver to cover the doctor's ass, u know what i mean? and i think you would need to sign a waiver each and every time your medical records were disclosed to a 3rd party. violation of HIPPA means a 100,000 dollar fine for whoever did it--and the doctor can be held liable personally as well. HIPPA protects you fully.

    i know a pharmacist who almost got a fine from hippa because he was working one day and this lady's RX was already filled. he handed it to her and said, "here is your atropine" (don't fuck with atropine FYI). the lady did not mind--however this is a HIPPA violation, and it just happened that somebody higher up in the chain of command (like a person with the board of pharmacy) overheard what he said and told him it was a HIPPA violation because other people were in the waiting area and overheard him say "here is your atropine". Had the lady cared, she could have filed a complaint with HIPPA--ultimately filing a lawsuit. and she would have won the case because HIPPA don't fuck around.

    hope that helps.
    • Like Like x 1
  3. FakeBoobsRule

    FakeBoobsRule Smackdown Moderation

    For the most part they have to have consent and they can't tell anyone that you haven't authorized. If you take a drug test for a DOT job and you fail these results are shared with other DOT jobs you may apply for for a certain length of time.
  4. Aerow

    Aerow Registered+

    Whether you'd like to admit it or not, drug use can (yes even cannabis) effect you medically. Especially if it's laced with something or has been sprayed with pesticides or has some other form of contaminant.
  5. silkyblue

    silkyblue Registered+

    I thought my neurologist was safe giving her a 24 urine sample to see if copper was in my system?:(

    She said "I was partying way too much!":D

    yeah right Doc!:stoned:

    No they are not allowed to release anything without your consent !:mad:

    If the Dr wants to razz you about what they know~~:cool:

    thats another story~~:smokin:

    <>< <>< <>< <><
  6. avlove26

    avlove26 Registered

    my girlfriend had a problem with pains in her stomach, so our family doctor sent her to the OBGYN for a full checkup, and ultrasound

    they gave her a ultrasound and started asking her personal questions about her medical uses, she told them that she smoke merijuana and any other drugs she might takes(big mistake) the doctor or nuse who was performing the ultrasound started lectureing and saying all kinds of things going on and on,

    even after they were out of the office and in the lobby with other patients and other nurses and childern around, she brought it up very loud "YOU SHOULD NOT SMOKE MARIJUANA IT IS VERY BAD FOR YOU" to where everyone could hear it. it was very embarassing

    but today, the 21st of feb, the OBGYN office called and gave my girlfriend the results of her ultrasound, and they found no problems,

    but they said she tested positive for marijuana and vicoden, (recent dentist appt) and that whey are going to call C.P.S. and make a report with them. and my girlfriend is not even pregnat.

    #1 she never gave permission, and they never asked.
    #2 they disclosed it in front of other patients and other medical staff
    #3 they called and thretened her, saying they were going to report her to child protective services,

    this is my girl for 6 years and we have 2 kids together, we both have medical recomondations for marijuana, and we have questions.

    did they have the right to drug test her?
    can they call cps for this>
    should we sue the pants off of them?
  7. killerweed420

    killerweed420 Registered+

    Get an attorney and sue the shit out of them. They have no legal authority to release your medical info.
  8. jagarr

    jagarr Registered+

    KIDS change everything. if youve got kids no health professional stiff is going to be nice to you on the drug admissions. its not necessarily because they give two shits about you, but because if you fck up and hurt your kids somehow or some other kid-related thing happens they could be liable for not saying anything. at least i think thats how it goes.

    i know that all that patients rights shit goes out the window if you test positive for stuff and have kids. ESPECIALLY rx like vicos or other opiates if you are not having them prescribed for you at the time.

    but if you can prove that the opiates are dentist-related, and that you're a MMJ patient i really dont think CPS can do shit.
    and yes, you should get on the doc's asses about it and it never hurts to inform your lawyer.
    Last edited: Feb 26, 2008
  9. norkali

    norkali Registered


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