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