Am I able to refuse the doctors who want to do drug testing on me and my newborn after I give birth?

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Am I able to refuse the doctors who want to do drug testing on me and my newborn after I give birth?

What are my rights when it comes to this subject?

Asked on November 9, 2014 under Malpractice Law, Utah

Answers:

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

Answered 6 years ago | Contributor

There are certain mandatory drug testing that happens when a baby comes in to this world. This is a screening for certain disorders.  Under the law it can be refused but only in writing and and by filing certain documentation claiming religious reasons.  This law can be found here:

http://www.rules.utah.gov/publicat/code/r398/r398-001.htm#T11

Now, this screening does not necessarily look for drugs but they could be found as a result of the screening.  If you are concerned that your child may have been exposed to certain drugs it is in his or her best interest that you seek treatment immediately if not now in utero.  

While the US Supreme COurt ruled that mandatory drug testing was unconstitutional if they lead to criminal charges, states have found ways to get around this but Utah does not seem to require testing, only reporting, if drug use is suspected in you.  Seek help. It is the best for you and your baby.


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