Is it legal to do a drug test on someone without consent?

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Is it legal to do a drug test on someone without consent?

I recently had back surgery and on one of my bills I see $160 for a drug screen. I have been under the same doctors care for at least 15 years and due to my medical issues I have had a full CBC (complete blood count- full blood work up including liver function) every 6 months so any information they needed would be their already. I never signed anything saying they could do a drug test and I don’t feel that I should have to pay for it. So I would think that if they did the test without my consent and if I needed to give consent then they should have to right the cost off.

Asked on March 26, 2012 under Bankruptcy Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your question is very broad. Certain situations require drug testing of an individual without his or her consent. For example, if a person is found unconscious, medical personnel typically conduct a blood test to determine the presence of what may be in the person's system. The drug screen in your case was standard protocol to see what trace elements were in your system as a precaution for your surgery.

Under the law, such cost and practice is typical pre-surgery. The concern is that if something was found in your system pre-surgery, your surgery and any medications during and after surgery could have caused problems for you. Most likely you signed an "informed consent" provision with respect to your surgery allowing the drug screening. I suggest that you carefully review all the medical documents you signed beofre surgery to find this provision.

Most likely you are responsible for the $160 drug screen test.


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