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  1. #1
    djstvo17 is offline Junior Member
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    Drug Test Without Consent

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

    I recently went to the doctor due to the fact I have degenerative spinal disorder. They requested a urine sample because they said they needed to check for blood. They gave me a prescription and sent me on my way. A month later I get a large bill from a lab for a drug test. One I was never informed that a drug test was going to take place. And two I never gave consent for that to happen.

    Is it legal for them to do that? Do I have any rights in this matter?
  2. #2
    longsally111 is offline Member
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    Quote Originally Posted by djstvo17 View Post
    What is the name of your state (only U.S. law)? California

    I recently went to the doctor due to the fact I have degenerative spinal disorder. They requested a urine sample because they said they needed to check for blood. They gave me a prescription and sent me on my way. A month later I get a large bill from a lab for a drug test. One I was never informed that a drug test was going to take place. And two I never gave consent for that to happen.

    Is it legal for them to do that? Do I have any rights in this matter?
    The dr has the right to run any test he deems fit and you gave permission for all tests when you went into his office ( implied consent). You were there for pain meds and it is obvious that this dr suspected you of not being on the " up and up" so to speak about whan meds you are on and taking. They probably didnt tell you about the test because THEN, you would have refused to give a sample. Of course, if you did that, the dr would probably not give you any meds.
  3. #3
    djstvo17 is offline Junior Member
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    why

    So they can choose to do something that will cost me money and I just have to deal with it? Why should I have to pay if I was not informed of the cost? Plus I took my medical records to prove my history. If they want to run a $250 test shouldn't I have a say in it?
  4. #4
    lya
    lya is offline Senior Member
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    There are times when a drug screen is indicated and can be performed legally without the patient's informed consent.

    Under the circumstances described, I'm not sure the test was performed legally. I believe it has to be a part of the treatment plan, ie: to continue to receive Rx for pain relief, the patient must consent to random drug screenings. Further, in the described event, the patient was given a false reason for the testing, which leads me to believe the test was not legally performed.

    Maybe an attorney is able to answer.
  5. #5
    longsally111 is offline Member
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    Just remember that after you complain, you will get no more drugs and when you go around with your medical records under your arm, the word will be out on you, so to speak.
  6. #6
    lya
    lya is offline Senior Member
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    From what I read in medical journals and ethical discussions, obaining drug screens without the patient's permission, in non-emergency situations, is strongly discouraged as it interferes with the patient-physician relationship by fostering distrust. It is strongly encouraged for drug testing to be part of a treatment plan. Furthermore, it is strongly encouraged for physicians and healthcare providers to NOT interpret a positive drug screen as indication of a drug-use impairment or addiction.

    I read nothing that stated or implied that drug testing without patient consent is illegal.
  7. #7
    djstvo17 is offline Junior Member
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    $$

    So they can do any test at any time, not tell me about it, then just send me the bill? That does not seem ethical! Besides, if they thought I was pill shoppig then they should have waited for the results before giving me the prescription. Just seems unfair to do secret tests and bill the patient.
  8. #8
    j991 is offline Member
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    Once you gave the urine sample the doctor has your implied consent to perform whatever test he feels necessary to diagnose and treat. Your only recourse is to challenge the necessity of the test. However, I suspect you will lose that fight. From the sounds of your post, the doctor took the urine sample, and tested for blood, or drugs in your system that may explain or possibly worsen any symptoms. The next time that your doctor wants a urine sample you can ask that they give a list of any test that they are going to perform before the sample is given. If not listed, then you can fight it as unnecessary.
  9. #9
    barry1817 is offline Senior Member
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    blood test

    Quote Originally Posted by djstvo17 View Post
    So they can do any test at any time, not tell me about it, then just send me the bill? That does not seem ethical! Besides, if they thought I was pill shoppig then they should have waited for the results before giving me the prescription. Just seems unfair to do secret tests and bill the patient.

    I have seen doctors that give a patient a lot of paperwork to sign when they check in for an appointment, and often in this way a lot more tests are approved by the patient, without even realizing what has gone on.
    Last edited by m martin; 11-17-2008 at 07:08 PM.
  10. #10
    djstvo17 is offline Junior Member
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    Great, so doctors can run any test they want, at any cost without the patients knowledge and we just have to deal with it. Thats what I am hearing here. What happened to patients rights? I understand if they wanted to do the test, I should have had a say in it though.
  11. #11
    lealea1005 is offline Senior Member
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    Quote Originally Posted by djstvo17 View Post
    Great, so doctors can run any test they want, at any cost without the patients knowledge and we just have to deal with it. Thats what I am hearing here. What happened to patients rights? I understand if they wanted to do the test, I should have had a say in it though.
    If you don't like your new Physician's policy, you have the right to seek treatment elsewhere.
  12. #12
    lya
    lya is offline Senior Member
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    Quote Originally Posted by djstvo17 View Post
    Great, so doctors can run any test they want, at any cost without the patients knowledge and we just have to deal with it. Thats what I am hearing here. What happened to patients rights? I understand if they wanted to do the test, I should have had a say in it though.
    Patient's rights are not a law. I, too, believed they were; but, learned right here on this forum and from research associated with contributing on this forum, that no actual law of patient's rights exists. There is a Bill of Patient's Rights, but no law. Therefore, your rights as a patient are only offered per provider policy and only guaranteed through the same.

    If anyone is aware of the Bill of Patient's Rights becoming law, please update me.

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