Drug Testing without Knowledge or Consent

[gbow003]

New York

Hello,
My name is Gerald. I served in the US Military [Regular Army] from 1986-1989, with an Honorable Discharge in Aug 1989. This qualifies me for VA Health Benefits with a co-pay based on my Annual Income. Once a year, I go to the local VA Outpatient Clinic and submit Blood and Urine for Lab Tests; for detecting any suspect problems related to my Health. I just recently became aware the VA is testing me for Illegal Drugs without my Knowledge, or Consent. Since I am not applying for Government Employment, and do not work for any Organization connected to the Federal Government; is this Legal??

 

[CSO286]

New York

Hello,
My name is Gerald. I served in the US Military [Regular Army] from 1986-1989, with an Honorable Discharge in Aug 1989. This qualifies me for VA Health Benefits with a co-pay based on my Annual Income. Once a year, I go to the local VA Outpatient Clinic and submit Blood and Urine for Lab Tests; for detecting any suspect problems related to my Health. I just recently became aware the VA is testing me for Illegal Drugs without my Knowledge, or Consent. Since I am not applying for Government Employment, and do not work for any Organization connected to the Federal Government; is this Legal??

I'd review the paperwork you sign whe you check in**************You just may be consenting.

 

[Mass_Shyster]

For the sake of argument, let's assume that you didn't consent to have your blood tested for illegal drugs. You did, however, consent for the blood to be drawn, and you gave possession of your blood to the VA. The benchmark to determine if a search is unreasonable (and hence a violation of the 4th amendment) is whether you have a reasonable expectation of privacy in the place searched or the item seized.

I suppose it can be argued both ways as to whether you have a reasonable expectation of privacy in the contents of your blood.

Next, we need to determine what your recourse is if it is determined that this was an unreasonable search.

If you have been charged with a crime, you can get this evidence suppressed due to the unreasonable search.

If you have not been charged with a crime (or even if you have), you can sue for a violation of your civil rights. This was what used to be the defendant's only recourse before the courts imposed the exclusionary rule (barring admission of evidence seized by the police in violation of the rights of the defendant).

So what damages can be asked for by the victim of an illegal search in violation of the 4th amendment? I honestly don't know the answer to that question.

 

[sandyclaus]

...Once a year, I go to the local VA Outpatient Clinic and submit Blood and Urine for Lab Tests; for detecting any suspect problems related to my Health...

I would say illegal drug use could fall within that particular category...? Illegal drugs certainly are known for causing health problems.

If the point is to screen your blood and urine and test for health problems, then unless there are SPECIFIC symptoms or complaints they are screening for, then it would make sense to see if there are illegal drugs in your system that might also be causing any issues.

Of course, it all depends on the release you signed when you agreed to let them take the samples.

 

[xylene]

Can you point to something that confirms what you 'know' or did you hear about this testing?

I guess I am asking is this a rumor or were you told this by a medical professional at the VA or learn of it in written material from the VA?

I am also wondering what you may be concerned about? Do you fear charges or loss of benefits?

 

[gbow003]

Gerald

I sure appreciate all the responses. I will have to review any and all Paper-work I have signed;especially all the fine print. I became aware of this recently because the VA now allows you to Download the majority of your Medical Records via[MyHealthyVet/BlueButton. It just seems odd they would go ahead and test for Illegal Drugs without Informing you.

 

[gbow003]

Gerald

Sandy
Of course, it all depends on the release you signed when you agreed to let them take the samples.

Yes,of course. But if I had ever Signed Paperwork giving the VA consent to test me for Illegal Drugs; I think I definitely would have remembered doing this.
I will review all my Documents, and then follow-up with what I find out.
Thank you.

 

[ecmst12]

Are you getting any type of pain medicine from the clinic? Are you being treated for anything at all or do you only go in for annual checkups?

 

[Ohiogal]

Read the Supreme Court case Ferguson v. City of Charleston. They can do that so long as they are not doing it for law enforcement purposes.