Is it unlawful for a family doctor to give his patient a urine drug test without explanation and without consent?

Does this not violate the amendment regarding rights to privacy?

Asked on November 6, 2012 under Malpractice Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A doctor cannot get a urine test without the urine so unless this is coming from a catheter, then consent is given and implied by giving the urine sample.  This is not a violation of any sort. An explanation doesn't have to be given per se but urinanalysis is used to test for a number of things so not necessarily a violation if your urine was sampled. Privacy HIPAA issues are only in play when and if your doctor reveals your results publically to people who have no need to know (non medical personnel).

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