My Doctor Tested Me For Drugs Without My Consent

[Catjordan1]

What is the name of your state?North Carolina

I switched doctors within the same practice, due to my doctor retiring. In order to continue my prescription of Adderall, the new doctor required a "new patient" visit. After checking me out and asking the typical questions, she requested a urine test, but didn't say what it was for. My tests results came back this week and outside of the normal tests, she also tested me for over a dozen drugs. All the results, except for the amphetamines (due to the Adderall), came back negative, but I am bothered that these drug tests were done without my knowledge or consent. Is it legal in NC for a general practitioner to drug test a patient without their knowledge?

 

[Zigner]

What is the name of your state?North Carolina

I switched doctors within the same practice, due to my doctor retiring. In order to continue my prescription of Adderall, the new doctor required a "new patient" visit. After checking me out and asking the typical questions, she requested a urine test, but didn't say what it was for. My tests results came back this week and outside of the normal tests, she also tested me for over a dozen drugs. All the results, except for the amphetamines (due to the Adderall), came back negative, but I am bothered that these drug tests were done without my knowledge or consent. Is it legal in NC for a general practitioner to drug test a patient without their knowledge?

First, I'm Sure that you authorized the test. Second, the doc would be totally remiss in not running a full screen prior to prescribing medication to you.

 

[Catjordan1]

How exactly are you SURE I authorized the test? I never signed anything, nor was informed of any test that was to be run. The medication I am on was already prescribed and I have been on the same dosage for over 6 years. This new doctor was not prescribing anything new that day. She was simply continuing the prescription. But, my issue is not with being drug tested specifically. It is with being tested without my consent or knowledge.

 

[xylene]

When you raised your concern with the practice management and the doctor what was their response?

 

[Catjordan1]

I haven't done so yet. I just found out about the testing yesterday. I have an appointment with this doctor next week and plan to discuss it with her and based on her response, I'll decide whether to raise my concerns with the practice after my appointment.

 

[Zigner]

How exactly are you SURE I authorized the test? I never signed anything, nor was informed of any test that was to be run. The medication I am on was already prescribed and I have been on the same dosage for over 6 years. This new doctor was not prescribing anything new that day. She was simply continuing the prescription. But, my issue is not with being drug tested specifically. It is with being tested without my consent or knowledge.

In your entire time at that practice, you NEVER signed paperwork...ever? Kind of hard to believe.

 

[xylene]

In your entire time at that practice, you NEVER signed paperwork...ever? Kind of hard to believe.

I'm inclined to agree with you, however the OP is very right to be concerned. Long term Schedule drug treatment is complex for patient and provider and the lack of transparency and communication in what should be a routine intra practice continuity of care situation is pretty egregious by any standard.

Those are not things that some CYA form signed six years ago meaningfully substitutes..

 

[Catjordan1]

Zigner, not with this doctor. This practice is very good about telling a patient what their bloodwork or urine is being tested for, so that they are knowledgeable about what they are agreeing to.

Thank you Xylene for addressing the actual issue, the lack of transparency and communication. That is what I have a problem with.

 

[cbg]

Just for the sake of argument (because I don't know if it is or not although I tend to doubt it) let's say it is illegal. What is your next step? What do you plan to do? What are your actual damages?

 

[ajkroy]

In every doctor office I ever worked, part of the scheduled drug protocol that every patient who was prescribed scheduled drugs signed was to submit to random drug tests. If the patient would not agree, not participate, or their urine showed something other than their prescription, or did *not* show their prescription (depending on the dosage), then they would not be prescribed that drug again. While every one who signed it said they read it, every single person was surprised when asked for a drug test.

 

[Catjordan1]

Just for the sake of argument (because I don't know if it is or not although I tend to doubt it) let's say it is illegal. What is your next step? What do you plan to do? What are your actual damages?

I'm guessing you haven't read my previous posts. To clarify, I don't think what this doctor did is illegal, but I feel it is immoral and/or non-transparent. As stated in previous posts, I will talk with her during my next appointment in January about my issue with her not asking for consent, nor informing me of what she was testing me for. Based on her responses, I will decide whether to speak with the physicians' office. On your note about "actual damages", never have I stated there are any. This issue is strictly with her not asking for consent, nor informing me that she was doing a full drug test. Again, I passed all the tests, as I knew I would, except for the amphetamine test, due to my taking Adderall. But, she should have, at the very least, informed me that she was doing a drug test.

 

[Catjordan1]

In every doctor office I ever worked, part of the scheduled drug protocol that every patient who was prescribed scheduled drugs signed was to submit to random drug tests. If the patient would not agree, not participate, or their urine showed something other than their prescription, or did *not* show their prescription (depending on the dosage), then they would not be prescribed that drug again. While every one who signed it said they read it, every single person was surprised when asked for a drug test.

This office has never done this with me and I read everything thoroughly before I sign any documentation. I'm more than happy to take a drug test, but have issue with being given one without the doctor telling me she was doing so. I have access to all of my medical records and at not point in the last decade has a doctor ever given me a drug test, with or without my consent. So, the fact that this doctor opted to do so without giving me a heads up seems at most unethical and at the very least disrespectful to the patient/physician relationship.

 

[Zigner]

I'm guessing you haven't read my previous posts. To clarify, I don't think what this doctor did is illegal, but I feel it is immoral and/or non-transparent. As stated in previous posts, I will talk with her during my next appointment in January about my issue with her not asking for consent, nor informing me of what she was testing me for. Based on her responses, I will decide whether to speak with the physicians' office. On your note about "actual damages", never have I stated there are any. This issue is strictly with her not asking for consent, nor informing me that she was doing a full drug test. Again, I passed all the tests, as I knew I would, except for the amphetamine test, due to my taking Adderall. But, she should have, at the very least, informed me that she was doing a drug test.

Well, based on this, I'd say that you don't have an issue that a legal advice forum can help you with. Best of luck to you.

 

[Taxing Matters]

After checking me out and asking the typical questions, she requested a urine test, but didn't say what it was for.

Did you ask at the time the doctor requested the urine for testing what tests would be done? If the answer is no, why not? I always ask what is being tested and why so that I understand what the doctor has in mind for treatment. If knowing what tests were going to be done was important to you then I would think you would ask the question. As a result, I suspect that each of you – the doctor and you — were operating with different assumptions about what was going on and as a result there was a failure on both your parts to ensure you knew what was going on.

 

[Catjordan1]

Did you ask at the time the doctor requested the urine for testing what tests would be done? If the answer is no, why not? I always ask what is being tested and why so that I understand what the doctor has in mind for treatment. If knowing what tests were going to be done was important to you then I would think you would ask the question. As a result, I suspect that each of you – the doctor and you — were operating with different assumptions about what was going on and as a result there was a failure on both your parts to ensure you knew what was going on.

The doctor left the room to get something, then never came back. She sent in a nurse to ask for the urine sample, but the nurse didn't know why it was being requested. I asked to see the doctor again, as she had indicated she was coming back, but the doctor was no longer available. I thought that was a bit unusual. But, you're correct. I should have made sure I knew why the urine sample was being done. It caught me off guard, so I just did what I was asked to do. I naively thought it was just a urinalysis, as been the norm over the years, but should have inquired further.