Can my doctor drug test me without my consent?

I am on pain management perscription drugs. My doctor told me that he wanted to run some blood tests and when I got the results he said that I tested positive for marijuana. He never asked me to submit to the test. It was taken without my consent. Is that legal to do? Now he says that I have to submit to regular screening if I want to continue my pain management.

Asked on July 27, 2012 under Malpractice Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as you authorized your treating physician to draw blood from you, the testing done on the blood for a drug screening was acceptable under custom and practice in the medical field. The results were studied to assist in your treatment. From what you have written, I see nothing that was done improperly by your treating physcian.

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