What IS the law?

I'm in West Virginia. My daughter is pregnant and she uses the local clinic for her medical needs. Her doctor informed her that she commonly does random drug screening on her pregnant patients. If you refuse, she won't see you. She claims it is so she will know what she is dealing with. It occured to me that if she really wanted to know what she was dealing with, would she not be testing ALL her patients, instead of simply doing random drug screens? I am wondering if this is even legal? What are the laws about drug screening? Don't you have to be aware that they are testing you? Don't they have to have your permission? Can they actually refuse you treatment if you refuse to be tested?

Earthmother said:

I'm in West Virginia. My daughter is pregnant and she uses the local clinic for her medical needs. Her doctor informed her that she commonly does random drug screening on her pregnant patients. If you refuse, she won't see you. She claims it is so she will know what she is dealing with. It occured to me that if she really wanted to know what she was dealing with, would she not be testing ALL her patients, instead of simply doing random drug screens? I am wondering if this is even legal? What are the laws about drug screening? Don't you have to be aware that they are testing you? Don't they have to have your permission? Can they actually refuse you treatment if you refuse to be tested?

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Don't you think with your daughter's past life style, that this would be in her best interest.

huh?

Happy Trails said:

Don't you think with your daughter's past life style, that this would be in her best interest.

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Excuse me, but how would you know anything about that????? You didn't answer even one of the questions, only made a judgement based on NOTHING. So, thanks for NOTHING.

Earthmother

Everytime that a doctor ever did a drug screen on me ( for a job, injury, or any other reason besides when I was in the Army) I had to sign a consent form for them to test for drugs because I'm sure there's laws against just checking for the hell of it.

Is your daughter paying anything for the clinic visit? I ask because I go the a clinic and have to pay before I'm seen by a doctor. If your daughter pays and then the doctor doesn't see her because she doesn't pee in the cup they should give her a refund of her money because the she paid for services not preformed. You need to talk to a local lawyer or someone in your area that can get something done about this problem. Someone like a city council person or in the local government. Or maybe a medical board.

I'm not a lawyer. I have some ideas you can try. Just forget about the rude people that you find on here. They like to belittle people instead of helping them out. Not everyone on here is like that. Good luck.

tphillips78 said:

Everytime that a doctor ever did a drug screen on me ( for a job, injury, or any other reason besides when I was in the Army) I had to sign a consent form for them to test for drugs because I'm sure there's laws against just checking for the hell of it.

Is your daughter paying anything for the clinic visit? I ask because I go the a clinic and have to pay before I'm seen by a doctor. If your daughter pays and then the doctor doesn't see her because she doesn't pee in the cup they should give her a refund of her money because the she paid for services not preformed. You need to talk to a local lawyer or someone in your area that can get something done about this problem. Someone like a city council person or in the local government. Or maybe a medical board.

I'm not a lawyer. I have some ideas you can try. Just forget about the rude people that you find on here. They like to belittle people instead of helping them out. Not everyone on here is like that. Good luck.

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I wasn't being rude. But if you two want to take it in that context then not much I can do about it.

Poster, the reason I asked you the question was:
In your other post about your daughter losing custody of a child she was breast feeding to druggie father (5 yrs ago), and she is trying to get custody back. By testing daughter she would have a record of no substance abuse. This would be in her favor. Maybe you don't see it that way. But I thought it would be in her best interest.

hasty judgements, uninformed opinion

Happy Trails said:

I wasn't being rude. But if you two want to take it in that context then not much I can do about it.

Poster, the reason I asked you the question was:
In your other post about your daughter losing custody of a child she was breast feeding to druggie father (5 yrs ago), and she is trying to get custody back. By testing daughter she would have a record of no substance abuse. This would be in her favor. Maybe you don't see it that way. But I thought it would be in her best interest.

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Wrong... Completely different daughter. This has nothing whatsoever to do with that. Anyhow, I thought this was a forum for getting answers to legal questions, not for making uninformed judgements and giving personal advice. Try Dear Abbey.

Earthmother

Read the other post that I wrote and see what you think. Forget about Happy Trails because some people think that you can only have one kid. Even if it was that daughter I'm pretty sure she would have to consent to the drug testing unless it was court order. I don't think a doctor has the right to randomly drug test some and if they don't want to pee in the cup to refuse to see them.

Earthmother
I researched your state's requirements for drug testing and drug testing during prenatal care and drug testing via the health department. In each situation, I found that written consent is required. That does not mean the physician does not have the right to randomly test your daughter during her pregnancy. If the terms and agreement to receive services through the health department and this physician are that the patient must consent to random drug tesing during the prenatal treatment, it is legal. Your daughter does not have to receive her prenatal care at the clinic or from this physician; therefore, she can agree to the terms or go elsewhere. The health department's clinic does receive state funding which may or may not be supplemented by federal funds, but I find nothing to indicate that drug testing is inappropriate or can not be done.

Random drug testing most likely means that each prenatal patient is subject to having a drug screen performed without further notification. I doubt it means the physician randomly selects a patient or patients to be screened for drugs; that method would not identify which pregnancies are at risk due to illegal drug usage or which infants are at risk for being born with drug-related injuries, defects, addictions, etc.

We also have to take into consideration the level of prenatal care that the health department is allowed to provide. The health department can not keep a high risk pregnancy and must refer the woman to an OB/GYN that can manage a high risk pregnancy including the potential for fetal distress during the gestational period,the birth, and the neonatal period. How could the health department identify women and infants at risk for these serious emergencies without testing for drugs?

We also have to look at the general population served by the health department. The number of drug users is higher in those who use the health department for prenatal care, though less than those who use the ER for prenatal care.

If the mother (patient) isn't using drugs, then she should not object to drug testing for which there is no financial responsibility.

EC

thanks

thank you for taking the time to give a thorough answer....

as a matter of fact

Physicians (especially obstetricians) have the right to determine what guidelines their patients need to follow to stay in the practice... I knew a OB who refused to take care of any pregnant woman who smoked during her pregnancy and routinely tested them. When challenged as to the legality of it, his practice was upheld. If you want them to be responsible for you, you have to follow their advice and they have the right to determine that you are doing so, at their cost.

nurse nan

This is at a clinic ran by the state or city which I'm sure can't just turn away low income people because they smoke. They recieve government funds to run this clinic. Plus if they take her daughters copay and then refuse to see her I'm sure there's laws against that but this person never answered that question that I asked so I don't know all the other facts. I wonder about that because some clinics make you pay copays now. But again this poster never answered those questions. So we don't no what's going on.