Compulsory Drug Test at OBGYN?

[Advocate46]

What is the name of your state (only U.S. law)? Texas

First, a little background information. I am a veteran and I receive medical service at the VA because of Migraine Disease occurring during my service. I am originally from California and after being given every pill for migraines and none of them working, I sought out my own private doctor who actually prescribed me Marijuana... Please I don't want to debate any political ideologies about it. I just need a solid answer.

I now live in Texas and use marijuana when I get a migraine attack (which occur usually for a couple days a week) and of course, it is not legal for medical use here.

My fiance is pregnant and I did smoke around her until we found out about the pregnancy. Well, since I am a graduate student and she is undergrad, we signed her up for Medicaid so that she would be able to receive prenatal care. At her appointment yesterday, we went through a questionnaire with a nurse about my fiance's health, drug use, cigarette use, etc. Then my fiance had a urinalysis and blood-work done. Following that, the nurse came back in to inform that she had tested positive for THC in her urine sample.

Nowhere was this disclosed to my fiance and I have been by her side to both appointments she's had so far.

Is it legal for a doctor to drug test a patient without any informed consent?


Thank you

I also should say that this situation has devastated my fiance because doesn't think she can trust the doctor now. She feels like they should have disclosed that to her, which she would have taken anyway.

 

[cyjeff]

I dunno.

I can't see the form she signed from here. I am betting that it was one of the releases she signed.

Of course, now you have to worry about living in University housing, as well.

 

[Proserpina]

Question.

What's more important:

Your other half's sense of indignation or what might be in the best interests of the unborn child?

 

[ecmst12]

Lol if smoking pot prevented people from living in dorms, the dorms would be a lot more empty!

Though it's not very likely that she had a positive drug test just because YOU smoked around her, unless you were both sitting in a shoebox with no ventilation. She must have smoked herself too. And all that tells the doctor is that there might be a risk to the baby. No one is going to arrest her for a positive THC result in early pregnancy....though the doctor may want to retest in a month to make sure she is not continuing to smoke.

If you are getting migraines for a couple of days every week, that's pretty serious, I hope you've investigated the cause as much as possible.

 

[lealea1005]

Then my fiance had a urinalysis and blood-work done.

I am 99 44/100% sure your fiance' signed a release stating she was giving permission for the Physician to treat her in any way s/her deemed necessary. There were probably other things in that release with regard to compliancy with prenatal checks, testing (blood, ultrasound, amniosentesis, etc, etc). Perhaps you both should read it again. Urine or serum drug testing at the first visit is not unusual, especially when the patient history indicates one or both parents takes medication on a regular basis for chronic issues.

Studies have shown that marijuana affects the baby's growth and development, including CNS, some cognitive functions, & processing/focusing issues, to name a few. Some of the issues may not present themselves until the child is a toddler.

Testing positive for THC may put your fiance' in a high risk pregnancy situation. I won't even get into the costs of a high risk pregnancy/delivery/NICU.

I also should say that this situation has devastated my fiance because doesn't think she can trust the doctor now. She feels like they should have disclosed that to her, which she would have taken anyway.

Hmmmm. So she doesn't trust her Doctor because she chose to either smoke or be around what must be a constant cloud of smoke, AND her Doctor is attempting to identify any potential issues with the pregnancy as early as possible. Shouldn't her priority be the health and well being of her child?

Honestly, if she doesn't trust her Physician, she should look for another one asap. She'd be doing her current Physician a favor. Just sayin'.

Good luck with the pregnancy.