Can a doctordrug test you without your consent?

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Can a doctordrug test you without your consent?

I went to familydoctor to get pain medication (which he did not prescribe after all) and he gave me a drug test , which had to be negative; I know because I do not do drugs. This was done without my consent. I was only aware of giving a urine sample for a pregnancy test (which I knew was negative because I had my period and I was there for endometriosis-related cramps). I was charged for the drug test.

Asked on September 20, 2010 under Malpractice Law, Missouri

Answers:

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

Answered 13 years ago | Contributor

There are some cases where a drug test can be done without what you believe may be consent.  An example is when you are granted the privilege of a driver's license in certain states and you accept the license.  Drug and alcohol testing after an accident is seen in these cases as consentual under state law that issued the license.  The drug testing here may have been protocol for treatment.  Doctors often test to make sure that if they have to prescribe a drug there will be no interaction that could cause an adverse reaction to the patient resulting in sickness or fatality.  The test was probably "generic" and tested for all types of "drugs" including over the counter medication.  The fee is what you seem to be most concerned about here.  But it may not really have been unreasonable under the circumstances.


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