In general, no doctor can conduct drug urine testing or any form of drug testing/ screening on an individual without their prior consent. When it comes to testing someone for substance abuse, primary care clinicians are required to politely ask for the patient’s permission unless it involves a felony or a child safety issue. Drug testing without prior permission can result in a breach of trust. A patient might not feel uncomfortable with drug testing considering the stigma attached to it. More importantly, a positive or even a false positive result might cause conflicts between the patient and his/her family.
Why is consent an essential part of drug testing/ screening?
Both drug testing and divulging medical information require consent from the individual in question or their legal guardian. Most states require the consent of the patient before conducting either of the two be it for whatever reason. Some states require documented consent whereas some states allow oral consent as well. The main reasons why consent is essential are:-
- Breach of trust: Say a patient asks to be tested for blood sugar and cholesterol levels and requires urine testing. They expect to be tested for the same. If a drug and alcohol test is conducted and the patient is confronted with the test results, it can result in a breach of trust because the patient will feel cheated.
- Breach of doctor-patient confidentiality: Divulging a drug test result without the prior consent of the patient to the patient party or anyone else can result in a breach of doctor-patient confidentiality. As per HIPPA regulations, doctors are not allowed to disclose any medical information about a patient unless the individual or the state sanctions it.
- Breach of privacy: Once a clinician orders a test, the health insurance carrier of the patient will know about it. However, the result of the tests can only be disclosed to the third-party payer only if the patient sanctions it.
- Financial reasons: Most insurance companies do not cover health insurance if a patient’s drug test result is rendered positive. This is one of the prime reasons why most patients refuse to conduct one due to the fact that they have to pay it out of their pockets. Therefore, it is important to ensure that the patient consents to a drug test before conducting one.
What are the exceptions to state laws protecting vital medical information?
Certain strictures apply to the case of asking a patient for their consent before conducting a drug test. The only exceptions for drug testing without the prior consent of the individual in concern are as follows:-
- Felony: If an individual is facing criminal charges related to drug and substance abuse, doctors do not need to get formal consent from anyone. It falls under the jurisdiction of the state and the results are also essential in any relevant criminal investigation. Medical professionals are allowed to disclose health information about such individuals in such cases.
- Child abuse: Child Protective Services (CPS) can also get involved in the case of pregnant mothers who are implicated in child endangerment by taking drugs during their pregnancy.
Why Affordable Rapid Testing, AZ solves every problem related to drug testing
As an adult, you have every right to have prior knowledge about drug testing/screening even if there is a legal requirement as per State and Federal law. Care should be taken to not disclose any patient information or conduct drug tests without prior consent from the patient. Failure to adhere to these laws can result in severe consequences like revoking a medical license, fines or even jail time. Affordable Rapid Testing, Arizona offers seamless and hassle-free drug testing by following all legal and consent-related mandates required. With dedicated testing centers located in both Scottsdale and Phoenix, Affordable Rapid Testing guarantees the accuracy of the test results. To know more about them, you can check out their official website.
Is it legal for a doctor to take a Irvine sample out of the bottle of urine hanging on my bed while The patient is asleep and have it drug screened with no prior consent?
Doctor cann’t conduct drug urine testing or any form of drug testing/ screening on an individual without their prior consent.
My fiance was drug tested without prior concent and felt very violated . To make it worse the dr spoke of the results to her and she was not happy . It was never asked prior to doing so and now she doesn’t trust him . Can we call the police and press charges against him for violating her rights by doing so . They even put the results in her medical file to follow and allows all to her private information and is incomprehensible how wrong that is and is an issue that Dr can loose his medical license and can possibly go to jail for violating her rights without consenting her prior to doing so .
Same happened with me then was told my results would go into a databank. I believe the aclu needs to take this back up again. We should all file claims.
Can your primary doctor do a blood test on you without permission. Drug test?
What should one do if the dr runs the test and didn’t mention it to the patient?
They can’t do that it is illegal without your consent.
In that case then I have to ask you a question my son it’s been in the hospital and I called up there that morning and they said that he was unresponsive and thoroughly well by the time we got up there he was awake wide awake and he was fine now my son has never been a morning person who’s always been afternoon person and behind his back they did a urine test and swapping down that he had drugs in his system when he’s been there for 4 months and I said there’s no way anyway they’re keeping me and my husband away from our son his test results came back as false positive and then they sent it back to another lab to prove that it was positive but it’s going to be a false positive again because my son doesn’t do drugs not only that they’re keeping me in my husband away from my son and if we do see him we can only see him for 15 minutes or less and we have to be separated this is not right what can we do
Does your son have friends and is doing high school? Yea he did drugs ma’am.
Well he did.
No it is not legal. Doctor needs your cosent
technically they cannot without your consent. however, i am an RN in the state of ohio/ky and I have had doctors order urine drug screens w/o confirmation. Meaning they can and will drug test you without your consent if they feel like they need to. Its not illegal in some instances or else the MD wouldn’t be able to order in that in the EMR. hope that helps!
When in fact, It was the doctor’s fault for not prescribing me proper medication for my high blood pressure, and he refused to because I couldn’t pay for a doctor’s visit. So, I had a stroke. And my doctors decided to tell my entire family that it was due to using drugs. Is that legal?
Hi Katie,I’m so sorry about your stroke. I hope you are ok&doing better. Have you tried getting on Medicaid through the State?Maybe they can help.There also may be low income clinics in your area. Praying for you Katie,that God heals you
I was asked about my THC usage and I did not care to disclose that as it was not relevant to my blood and urine tests. It turned into a confrontation because I tested positive. My husband was there and although he was aware, I can only imagine a situation in which the spouse wasn’t aware. I never consented to a drug test.
That’s funny she has a stroke and no telling what else she lost, and all you can say is let Medicaid take care of her going to be sad life and pain for the rest of her life. @#$%^&*&^% I didn’t pay taxes all of my life so someone could take a life and give me a job care giving through my pocket when she was perfectly healthy prior to that. The Dr. he needs to be flogged thinking he can control someones life like there a puppet.
I think doctors are way out of line I use MJ for my chronic degenerative disc disease and osteoarthritis in my hip but still get tested for it at my doctor’s office. it is legal.So how can doctors test for something that has been legalized?
I saw My CRNP for a possible UTI, & a knee injury. She said “let’s get a urine test to make sure it was a UTI. I got a call 4 days later & She said something showed up & who Prescribed it ? But a Month/half prior to that I consented to a Tox Screen. She never gave Me the results and it is not listed on My Health plan portal. Now She wants to see Me every month??! Will not prescribe antibiotics for UTI. She also refused to continue to prescribe My Med for Migraines which have been on it for 3 different reasons since 1984. Think She is being Biased because I mentioned that My One Son was in treatment (long story, was railroaded by PO) but was on Subutex. In treatment they took it off Him Cold Turkey, then replaced it with 6 Meds . Think all were Antidepressants. He was doing great on the Subutex for 3 yrs. When He got out He was a walking talking Lunatic. I no I can’t take any of those Meds cause I have the reverse affect. Same with Him. I know Ppl in My Apt Bldg are on 8-13 of Them. They have no clue where they are at, their name, date, time, etc Have seen these once vibrant People become Lifeless, Zombies, and have died. I am so mad at this Nurse. Whom I adored at one time. But She crossed the line. Was All smiles, “let’s just get a sample”. Now this crap. Changing DR’s. Why didn’t She ever mention the first Tox Screen??? I thought it was ok & was a 30 day panel. The last was 4 day. I’m a retired Med Asst. So I do know about this & lab work, which She has ignored Blood or Urine results that were 50-100 above normal level. So cause of that I had a TIA. Getting a Lawyer.
what branch of law or kind of lawyer would I need to file suit for
drug test without my knowledge, consent or justification –
I’m retired/of retirement age – not an employment issue
never been tested before
never been arrested or charged
Clean bill of health
Do not take any prescribed ingestible drugs
thank you
What we should do if there are enough of us is to take it up with the aclu who have protested against things like this before. There’d be quite a few of us. It goes deeper than not giving consent to your doctor but, the test results go into a database.
Why do Dr’s do this to elderly pt. After giving them meds?? To cover their behind or what my grandparents were tested all the time by their Dr
My doctor tested my urine without my permission where cannabis was present/ recieved call from assistant to come in immediately to discuss with doctor ! I feel violated / my trust in my doctor is compromised. I need a lawyer . Rodolfo
I think doctors are way out of line I use MJ for my chronic degenerative disc disease and osteoarthritis in my hip but still get tested for it at my doctor’s office. it is legal.So how can doctors test for something that has been legalized?
I was tested for drugs without my consent. When I have bladder cancer, it went into my records, and every doctor sense has wanted consent to do a drug screening. I’m a 60 six-year-old retired contractor who’s lived in Humboldt County, all of his life and have used marijuana. Most of that, I’m not a 18-year-old stumbling around kid. And besides, that, marijuana is legally in the state of california. But when you refuse, they refuse, you treatment. And stop prescribing, any kind of drugs that they were giving you seems to me like it would be a hippo law that states? They cannot take your blood and contact anybody. about what they find?
I did not know my permission was required! Several times I have been ambushed and cooperated because I thought I had to. Each time I felt degraded. I’m a senior citizen retired. Last time I was treated like a criminal. I had a shy bladder. Then she stuck something in my mouth. Nothing… Because I was so nervous my mouth was dry! Then she chastised me for taking 30 minutes!..I may be old but I’m not stupid. I was 15 mins. She told me to come back the next morning.
I am going to deny these embarrassing and nasty events in the future. And get this…no results provided.
I made a plea deal with the Assistant District Attorney pertaining to Mist. and felony charge. After speaking with me, drug charges were dropped. 3 days later at my dr. Appt. I told my doctor and that i had an appt. Right after my wellness check with him. He then asked for a urine test and i didnt have time for it. The appt. was already over the time frame by 10 minutes. I was going to be late to my meeting with the county people but was told I couldn’t leave till I gave them urine. He was going to call ahead and I told him not to. Just drop it. So he wrote me a note to take and I told him NOT TO CALL THEM. He did anyway and it was to the ADA not my county appt. So because of him saying i gave them trouble and was mad about taking a urine test, Now the ADA put all charges back on. Did he have a right to discuss even that I was seen by him that day? Let alone what about and why I was there? I told him not to call, and I didn’t even get the well check and that was what the appt. was for.
I too was drug tested w/out my permission and after learning of this due to a couple of nurses at the hospital I went to after a rollover accident, in which I sustained a minor head injury(not my fault, and no law enforcement involved) suddenly one morning decided I was not being cooperative with them (I had just been awakened for the 4th time for no reason) . They began talking in unusually loud voices saying it was no wonder I was in such a bad mood being that I “was coming down off drugs” I was shocked because not only did people who did not work at the hospital overhear what was being discussed in voices loud enough to be heard down the hall, but this was the first I knew that I was secretly without my consent or knowledge being drug tested. The doctor had never even discussed the results of these tests with me. I checked out of the hospital immediately against the doctors’ advice. I quit seeing the doctor who ordered the drug screen behind my back. Is there any way to get the drug screen expunged fro, my health record?
The way they treated you was unethical. Some people should never work in the medical field. Keep a recorder on you just in case something like that might happen again. Some doctors and nurses are just there to collect a paycheck and not the reasons they should be which is caring about patients. I just had a drug screen done on me that I never consented to. I’ve been really frustrated especially after being told it’ll go into the data bank. I believe enough people getting together should protest this to the aclu or somewhere. I feel like my privacy has been invaded and a bridge between doctor patient confidentiality.
I took was drug tested without my consent an I even specifically ask what test did my CFNP order to run on my blood test …DRUG SCREEN WAS NOT DISCUSSED OR MENTIONED!! I WAS NOT Aware of the Drug screen “15 of 20” Until I got the bill in full from my insurance as well as the Clinic! Had I NOT BEEN LIED TOO when I ask specifically what test were being run.. I would have refused the test !! So What Do We do — can the CFNP be held legally liable AND Can we have test an results deleted from med. Records as well as insurance an other data basis !!!
How do we push this issue for him the dr violating her hippa laws and dr should know better r
My issue is slightly different from what I have read so far. I went to the er after fainting 2x in one day and both I was confused and scared I had a migraine as well. I was admitted to observation. Lets back up and mention that the first migraine incident in Az was in 2011 which is when the protocol and records were faxed to the er. More recently,in the migraine and fainting episode, like most encounters with a doctor for a chronic issue, he asked “what usually helps?” What meds do they give you for your migraine?” I informed him that i moved to AZ in 2011 and that i had been diagnosed with migraines before that, That the hospital back home had a protocol made especially for me when I came into the er. because they had gotten it right and helped me. I informed him my neurologist from home could send that info over to see if i can get some releif. The hospital in IL faxed everything pertaining to my migraines and what works for me, physician notes ect. to the er i was in. They followed the protocol and I didnt go back for years, Fast forward again to dec 2023 that asked the question of what usually works. When I answered the question I said Decadron,dilaudid and I drew a blank,couldn’t remember the rest. He told me That he doesent like giving dilaudid. I said well can you pull up my chart and look at the protocol and try the others because at this point I was willing to try anything. He refused to medicate me and discharged me. When I read my chart days later it says : patient requested “dilaudid” by name saying it was in her “migraine cocktail” to note, I never found any records or info from an out of state hospital in her chart for a neurologist she hadnt seen in over a decade” that was in 2011. 2 days ago I went to the er at a different hospital, checked my chart and the physican copied and pasted the same comments.
You can never request a specific anti-biotic because it makes YOU the doctor and NEVER a pain relieving controlled substance! Even if you have supporting documentation! Once a note like that is in your chart you are screwed.
Monica – go get a script from a new neurologist and be prepared so you dont go to the ER needing dilauded. Good luck to you.
Hi, I’m a 64 year old woman and I have COPD and I’m on oxygen it’s been very hard for me to deal with. A friend that has COPD told me that he got tired of not being able to breathe so he said he thought that meth would help me breathe better cause it worked for him. So I tried it, to my amazement it helped it felt so good to breathe better. So now I use it a few times a day, but I know that I shouldn’t be doing it,and now I’m afraid my Dr will do blood work and find it in my system, and it’s going to cause me all kinds of problems. But honestly I can’t believe I’m doing this so my question is can my Dr do a drug test without my consent? Thank you
Miss. B
Recently my sis was tested without her consent. She too has COPD and like you has sought to self-medicate with better results than the BS stuff they throw at everyone. I think as long as you don’t ask about pain medication and those types of things, you should hopefully be safe. But then seeing all these other folks. I’m not seeing answers to anyone’s questions so I hope someone with knowledge responds. What I’m finding….It’s no but…… Seems there are plenty of loopholes making it wrong but not illegal.
My name is Cameron from MN. I have felt the breathing relief you are talking about from Smoking the drug methamphetamine even though I know long term use is not healthy. You might mention to your dr the next time that a close relative had a dr guve her a test without her knowledge in the same way that YOU would not want to be tested without your knowledge. She will at least know where you stand which if she wants to will make her think twice about it.
AAAHAaahahahahaa.. I used meth because it helps my friend🤣🤣
Jumping of a bridge might help your breathing too.. temporary anyway🤦🏻♂️
If you insist on using a narcotic to relieve your ailments at the very least try using a similar pharmaceutical thats regulated and
manufactured in a controlled laboratory setting such as Adderall… For F Sakes, Stop using Meth!!!
Can a dr drug test u for strep throat without telling u then take ur meds and put it in ur chart that ur a druggie and alcoholic
I’m blown away seeing so many people having this issue. Looking into this I thought it would be a rare thing. There was a time when Doctors took an oath to help their patients. Your Doctor was like your priest. I don’t think I’ve ever been tested for anything without my consent but bet your sweet bum, I’ll be checking that next. Have any of you been answered? What I’ve seen is basically…it’s “wrong” but not “illegal”. There also seem to be enough loopholes with reasons why they can. I would love to know. I started looking into this for my sister but who knows…I might be needing to know for myself as well.
I have to disagree DH because Ive read all the comments abd my consensus is that IS illegal but they do it a lot anyway Thus far it sounds like that lack of enforcement of this law has probably led them to believe its ok. Thats what the police used to count on when they trampled on citizens First Amendment rights. Now there are audiitors out there on YouTube holding them accountable.
It IS illegal to be drug tested without concent, but most hospitals, ER’s.. etc have you sign a request for concent for medical care, read threw it carefully because you can refuse certion requests that medical facility request that includes random uriin tox tests, ( drug tests) they just kinds sneek that type of consolt in with all other kinds of permission asked when treating patients. If you run across a consult you don’t agree with Mark a line theew it and continue. If they are cought running said tear you declined its not just there job but a hole federal 8nvestagation on every single worker, dr, and garbage man on site. And not worth the hastle in 98% of doctors cases.hope this helps.
I got drug tested without express consent. The Dr feels within her right to do it. Never talked to me. They do not have guts to talk about it with you. The results were not shareed with me either because she did not want me to know what she did. I have changed doctors.
Totally shocked and sick…I recently went to the e.r. very ill with body aches and fever and after the swab was told I have COVID. Low and behold the next morning my family doctor calls my home tp follow up the e.r. visit. He informed me that a drug urine screen was positive for opiates and amphetamines! I was shocked and surprised to learn of my drug screen
To everyone who has posted. I’m coming from the patient who has been on pain meds for 20 + yrs.
I have worked in the health care industry for 30 years. 20 years ago my husband became disabled after working as a emt/paramedic for 30 yrs. He damaged his lumbar disc during Katrina. Still continued to work on and off workers comp as it would get worse. His pain management physician couldn’t believe he wanted to continue to work, but he loved his job. Eventually on a call he fell and ruptured his thoracic disc which ended his career. (surgery wasn’t an option with the odds of “I might make you 20% better or worse”)
Starting out it wasn’t a problem with him getting his pain meds. However, as the drug crisis was becoming more out there and the DEA got involved, thats when the drug testing started.
Working for a primary care physician I saw it progressing as physicians would get article after article regarding prescribing pain meds and possibly loosing their license if they didn’t follow a protocol. To update there license they had to take so many hours of schooling on pain meds and street drugs and prove it.
This is what Medicare/Medicaid and all other insurances request from physicians:
If you have a patient who has never had to have pain medication but has an acute pain, you are to prescribe over the counter pain meds/anti inflammatory. If no relief after time you can prescribe up to 7 days of pain meds and or physical therapy. Order testing etc. If pt continues to have chronic pain and surgery is not an option, you are to have the patient sign a pain treatment agreement which includes drug testing, be treated by the same physician, go to the same pharmacy, etc. This is to stop dr shopping and pharmacy skipping. There is a national data base that track pharmacies, we can go into it and see if the patient has received any pain medication in another state at any pharmacy. (We have caught a few pain med seekers with this resource).
It works if you follow the protocol. If you don’t your dr has the right to terminate you as a patient with a 30 day notice as non-compliant.
My main point is “READ if you can what you are signing” It will be in the fine print especially for a hospital.
Get copies of your medical records if you do have a chronic illness that has pain diagnosis, take a pic of it in your phone or whatever, especially if you go out of town. I do this every hurricane season and vacations. (a paper copy in suitcase and on phone)
If you are unconscious or in an accident, then I believe they can test everything in order to see what is going on to save your life!!
Don’t get me wrong, I do believe physicians do need to honor your wishes and there are axxhole physicians out there!!! I know a few. Especially in the ER, they will find a way to document it to justify it. Unfortunately, I think its going to get worse.
Be as proactive with your healthcare as you can as long as you can. If we become socialized medicine, then we are all screwed!!!!!!! It sounds good financially, but all rights will be gone!!!!!
Has anyone gotten an answer to their question?
I currently work at a Healthcare company and I recreationally smoke laced weed with cocaine. I have a routine blood test with my Pcp and I’m afraid that my blood work and urine is going to show the drugs in my system. Can I get fired if my employer finds this in my medical records? I have health insurance through them too which is why I’m asking. I’m very hesitant because I can’t afford to lose my job.
I was in a accident drove off the highway and wrecked. The ER doctor had a urine test done and found drugs in my system. They did not have my consent.
Is this illegal and what would I sue them for?
My primary doctor I did follow up with, did the same thing tested me for drugs due to my accident report and not only once my next 3 follow up appointments.
Also law enforcement never did a test on me nor did it say anything about drug testing me in my police report.
I feel my fourth ammendment right and couple other rights were violated.
Can someone tell me what I should do about this?
Doctors have been appropriated by the pharmaceutical companys and the insurance companies. If you use drugs and it’s in your record, they can deny care on such grounds. They are bastards.
I am prescribed Ativan and Ritalin. I have a controlled medication contract with my provider, which include a urine drug screening every 6 months for the medications she prescribes. I just recently a message from her asking about my alcohol consumption. Nowhere in my contract does is state that any additional tests will be done, nor did I give consent. Is this illegal?