drug testing patients

[amyjrn]

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

Not sure if this is where to post this. I am looking for information on drug testing patients (pregnant patients and there newborn babies) either with or without permission. Any info would help. Thanks.

 

[TheGeekess]

That would seem to depend on hospital or physician's policies.

https://www.oag.state.tx.us/opinions/opinions/50abbott/op/2005/pdf/ga0291.pdf

Using Illegal Street Drugs During Pregnancy : American Pregnancy Association

 

[Just Blue]

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

Not sure if this is where to post this. I am looking for information on drug testing patients (pregnant patients and there newborn babies) either with or without permission. Any info would help. Thanks.

You, in a general term, are either a new mother or pregnant. I do not see how a woman can be both...unless she is in the process of a multiple delivery??

Please clarify this situation...And please clarify who YOU are in this situation.

Thank You
Blue

 

[Proserpina]

You, in a general term, are either a new mother or pregnant. I do not see how a woman can be both...unless she is in the process of a multiple delivery??

Please clarify this situation...And please clarify who YOU are in this situation.

Thank You
Blue

Post history.

Ex's wife is currently pregnant, I believe.

 

[Just Blue]

Post history.

Ex's wife is currently pregnant, I believe.

Okay, then it is none of OP business.

 

[amyjrn]

I am an L&D nurse who has always been told that we are not allowed to drug test patients (moms) without their permission but that we CAN drug test the baby. Positive tox screen results in an automatic call to CPS.

There was recently a situation a work where this became an issue and the chief of OB asked me to do some research on the law and see what I can find. We are looking to a initiate a policy since we (the hospital) currently has none.

All I can find is laws related to prosecuting the mom for child abuse...ect...

The patients do sign a blanket consent for medical care when they come in. We don't specifically ask for consent to draw a CBC or Chem....So I am looking for information.

Although I do think my ex and his new wife are dirt bags for numerous reasons. I do not think they are drug addicts. But I really enjoyed the chain of though and assumptions on this thread

 

[Proserpina]

I am an L&D nurse who has always been told that we are not allowed to drug test patients (moms) without their permission but that we CAN drug test the baby. Positive tox screen results in an automatic call to CPS.

There was recently a situation a work where this became an issue and the chief of OB asked me to do some research on the law and see what I can find. We are looking to a initiate a policy since we (the hospital) currently has none.

All I can find is laws related to prosecuting the mom for child abuse...ect...

The patients do sign a blanket consent for medical care when they come in. We don't specifically ask for consent to draw a CBC or Chem....So I am looking for information.

Although I do think my ex and his new wife are dirt bags for numerous reasons. I do not think they are drug addicts. But I really enjoyed the chain of though and assumptions on this thread

The CHIEF of OB asked you - a nurse - to do legal research?

Really? Where was the facility's legal team?

And you're welcome, btw. Those come for free

 

[amyjrn]

Yes the chief of OB asked me. I can only assume the reason you would ask this is because you don't understand the dynamics of interpersonal and professional relationships that occur in the hospital setting.

I work at a small hospital and we do not have a legal team. We have 1 person who has the title of risk-manager as well as several other job titles like education coordinator and others who has absolutely no experience on OB.

All of the women's services policies and procedures are written by nurses, reviewed by the policy committee (which is composed of only nurses from our department) then submitted to the chief for approval.

We (nurses) do all the research on laws, AWHONN guidelines, ACOG guidelines, and must provide documentation of evidence based research and practice from creditable medical journals and other sources to back up our guidelines and recommendations in the policies.

Why would an MD write policies that dictate nursing practice?

All I asked for was any resources on drug testing pregnant mothers and/or their newborns in the hospital setting and I have now been accused of trying to get at my ex and now having my professional credibility questioned.

 

[Proserpina]

Yes the chief of OB asked me. I can only assume the reason you would ask this is because you don't understand the dynamics of interpersonal and professional relationships that occur in the hospital setting.

I work at a small hospital and we do not have a legal team. We have 1 person who has the title of risk-manager as well as several other job titles like education coordinator and others who has absolutely no experience on OB.

All of the women's services policies and procedures are written by nurses, reviewed by the policy committee (which is composed of only nurses from our department) then submitted to the chief for approval.

We (nurses) do all the research on laws, AWHONN guidelines, ACOG guidelines, and must provide documentation of evidence based research and practice from creditable medical journals and other sources to back up our guidelines and recommendations in the policies.

Why would an MD write policies that dictate nursing practice?

All I asked for was any resources on drug testing pregnant mothers and/or their newborns in the hospital setting and I have now been accused of trying to get at my ex and now having my professional credibility questioned.

Given your post history, you obviously understand the reason I mentioned it in the first place.

I'm intimately familiar with the dynamic of both the politics and legal shuffling that are often involved with the smaller health-care facilities..and for two reasons. First, professionally. And the second, I only hope you never have to understand.

THAT is why I questioned your second post to this thread.

Now, you seem to have gotten your answers.

 

[amyjrn]

I can totally understand why one might think I was referring to the ex considering my history of posts....I should have been more detailed in my original post. I thought that was actually quite funny. However, given your experience, I still don't understand why you would question why the chief of OB would ask the chair of the women's services policy committee to do some research on the legality of drug testing patients without their expressed consent for that specific test. Since we are the ones who write the policies. And given your expertise in this matter perhaps you could point me to some literature on the subject? Do you think a blanket "consent to treat" covers this?

 

[TheGeekess]

I can totally understand why one might think I was referring to the ex considering my history of posts....I should have been more detailed in my original post. I thought that was actually quite funny. However, given your experience, I still don't understand why you would question why the chief of OB would ask the chair of the women's services policy committee to do some research on the legality of drug testing patients without their expressed consent for that specific test. Since we are the ones who write the policies. And given your expertise in this matter perhaps you could point me to some literature on the subject? Do you think a blanket "consent to treat" covers this?

You were pointed to literature and links in post #2. You're welcome.

 

[justalayman]

Yes the chief of OB asked me. I can only assume the reason you would ask this is because you don't understand the dynamics of interpersonal and professional relationships that occur in the hospital setting.

I don't care what dynamics you want to rely on, due to the severity of an improper action, it is a foolish to consider accepting advice on a legal matter from a nurse (not to mention illegal on your part)

However, given your experience, I still don't understand why you would question why the chief of OB would ask the chair of the women's services policy committee to do some research on the legality of drug testing patients without their expressed consent for that specific test. Since we are the ones who write the policies. And given your expertise in this matter perhaps you could point me to some literature on the subject? Do you think a blanket "consent to treat" covers this?

Because this is a matter that requires the attention of a lawyer and just because you write a policy does not mean you are qualified to give legal advice. It means you are qualified to write.

the fact you are asking a public forum if a blanket consent would cover your requirements shows even more so why you should not be giving the chief of OB or the hospital actually, legal advice.

It's time to crack open the wallet and actually hire a lawyer to both advise you on the overall legality and assist you, if not actually doing it themselves, on writing a proper consent form.

We (nurses) do all the research on laws, AWHONN guidelines, ACOG guidelines, and must provide documentation of evidence based research and practice from creditable medical journals and other sources to back up our guidelines and recommendations in the policies.

Why would an MD write policies that dictate nursing practice?

In the same vein: why would a nurse attempt to create legal documents?

 

[kimberlywrites]

Comment without absolutely any legal basis...
OP is an over-stepping step (read posting history!) and an over-stepping nurse!

 

[Juliachild2222]

Everyone needs to calm down...

People simply want a question answered on these forums and need our help. I'm so sick of reading forums where everyone argues back and forth and it's not even in regards to a question. It's pettiness. Get a life and stop judging others, because I guarantee I can judge you just as much as you judge others.

 

[Proserpina]

People simply want a question answered on these forums and need our help. I'm so sick of reading forums where everyone argues back and forth and it's not even in regards to a question. It's pettiness. Get a life and stop judging others, because I guarantee I can judge you just as much as you judge others.

You're sick of it?

Stop reading.

This isn't brain surgery.

(The fact that this is your first post is...well, it speaks volumes)