If I’m pregnant, can my doctor check my urine specimen for drugs without my consent?

Today I was asked for a urine sample to see if I had protein in it. After I gave the sample to the nurse, I was told by the doctor that it was being tested for drugs and I would be tested every time I was seen. I didn’t consent to this and if my test is negative. Can they just test every week or two without my consent?

Asked on October 27, 2014 under Malpractice Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is my understanding that the Attorney General in Indiana suggested that pregnant women be drug tested but that has not been made "law,"   mostly because it has been fund unconstitutional in other states (like South Carolina) and ruled on by the Supreme Court.  Medical offices do test the urine of pregnant women for protein since it can give a glimpse in to possible issues with their unborn child.  But no, they can not test for drugs and make darn sure your MD knows that.  Or better yet: switch MD's. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is my understanding that the Attorney General in Indiana suggested that pregnant women be drug tested but that has not been made "law,"   mostly because it has been fund unconstitutional in other states (like South Carolina) and ruled on by the Supreme Court.  Medical offices do test the urine of pregnant women for protein since it can give a glimpse in to possible issues with their unborn child.  But no, they can not test for drugs and make darn sure your MD knows that.  Or better yet: switch MD's. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is my understanding that the Attorney General in Indiana suggested that pregnant women be drug tested but that has not been made "law,"   mostly because it has been fund unconstitutional in other states (like South Carolina) and ruled on by the Supreme Court.  Medical offices do test the urine of pregnant women for protein since it can give a glimpse in to possible issues with their unborn child.  But no, they can not test for drugs and make darn sure your MD knows that.  Or better yet: switch MD's. 


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