However, she was never given a consent form to sign, authorizing the obgyn to perform toxicology urinalysis, and the whole thing makes the patient very uncomfortable.
When she signed the consent to become a patient she gave permission for lab work to be run that is in the interest of her health or the fetus.
The first toxicology report came back and it reads "Results are for medical treatment only. Analysis was done for non-forensic purposes." The patient is unclear on what exactly this means.
It means that the results of the test are to be used for medical treatment decisions only. The test was not run according to legal protocols regarding chain of custody, storage, and testing parameters. Therefore it cannot be used by law enforcement or the courts for the purpose of prosecution in a court of law.
She is concerned that the obgyn will take legal action against her and she is uncomfortable with having toxicology analysis done on her for the remainder of her pregnancy. Can the obgyn take legal action against the patient?
No the physician cannot take any legal action against her for the results. If state law allows, he can report the continued drug use to DCFS and they could take legal action if required.
Can they turn her in to the police?
No. Physicians are only mandatory reporters to law enforcement in cases of suspected child abuse.
Can the patient refuse future toxicology analysis?
Yes, but if she truly has stopped using marijuana then she has nothing to worry about on future drug screens.
If the doctor's office turns over the results of the toxicology report to the authorities, is that a violation of doctor-patient confidentiality?
That would depend on state law and even if the physician did the sample was not processed by legal standards and cannot be used for such an effort. That is what that statement about non-forensic use is about. It cannot be used for prosecution evidence.
"That's just my opinion, then again I might be wrong." Dennis Miller