Drug testing without consent? Hope this is the right board

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Latest post 05-30-2012 10:53 PM by adjuster jack. 19 replies.
  • 07-14-2008 7:19 PM

    • paul22
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    Question [=?] Drug testing without consent? Hope this is the right board

    Does anyone know if it's legal for a doctor in NY to give you a drug test without consent?I gave the nurse a urine sample only because both her and the dr stated to me that "they needed it because they were just checking to see if I may have a kidney infection"The next thing I know the nurse was also checking me for illegal drugs!I watched her checking off a checklist of illegal substances and I really felt violated as I never gave any consent for them to do that.
  • 07-15-2008 9:59 AM In reply to

    • DPH
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    Question [=?] re: Drug testing without consent? Hope this is the right board

    Did you ask the nurse and/or doctor what they were doing? If not, why not? If so, what did they tell you?

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 07-15-2008 10:12 AM In reply to

    re: Drug testing without consent? Hope this is the right board

    FYI, this has nothing to do with civil rights.

    "The next thing I know the nurse was also checking me for illegal drugs!"

    She was checking YOU for illegal drugs? Or she was checking boxes on a requisition form for the testing lab? Big difference, obviously.

    "I watched her checking off a checklist of illegal substances"

    OK...and when you saw her doing this and said, "why are you doing that?" how did she respond?

    "I really felt violated as I never gave any consent for them to do that."

    I'm not sure how you could feel "violated" as a result of someone checking some boxes on a form -- particularly when you could have put a stop to the process right from the get go.
  • 07-15-2008 10:32 AM In reply to

    re: Drug testing without consent? Hope this is the right board

    Sure it's legal.

    You consented to necessary medical diagnostic testing the minute you walked in the door asking for medical service.

    If the doctor suspected a kidney infection you'd have to be tested for everything that is processed by the kidneys to either rule out an infection or determine the cause for appropriate treatment.

    And I agree with the others.

    You should have asked for an explanation when you saw the boxes being checked.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-15-2008 12:16 PM In reply to

    re: Drug testing without consent? Hope this is the right board

    "Sure it's legal."

    "You consented to necessary medical diagnostic testing the minute you walked in the door asking for medical service."

    IMO> Not so fast Jack. I think a patient must sign a consent form before they transfer consent. At least in Amerika they do...
  • 07-15-2008 1:57 PM In reply to

    Feedback [*=*] Depends on the facts . . .

    In an emergency situation they'll test for drugs because they don't want to give drugs that are contraindicated by whatever is in your system.
  • 07-15-2008 9:41 PM In reply to

    • paul22
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    Feedback [*=*] re: Drug testing without consent? Hope this is the right board

    Before they took the urine sample I specifly asked why they needed it,they both stated that they were testing for blood in my urine and never said they would test for anything else.I basically only gave them permission to test it only for the reasons they gave me.The form the nurse was checking only had narcotics on it and nothing else.I didn't know they were giving me a drug test until the nurse came back in the room,that's when I saw the form.I never had a chance tell them not to test it for other substances besides blood ,therefore it was done without my knowledge or consent.
  • 07-15-2008 9:57 PM In reply to

    • paul22
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    re: Depends on the facts . . .

    It's not the point that I was tested.The point is they both told me that they only wanted to see if blood was in my urine, therefore I agreed only for them to test it for that and nothing else.Because someone goes to a doctor I don't think that gives anyone the right to do whatever they want to you or with anything on or from you without consent.This wasn't an emergency situation or eles I would've went to a hospital instead of a sort of walk in clinic.It's just wrong to tell a person one thing,they agree to it and then do something behind their back without their consent or knowledge!At least be honest and up front about it.A person should have the right to at least know that a drug test is going to be given.Random drug testing is done to inmates and even they are given a choice to have it done or not,granted the consequences are the same as if they tested positive but they are still given a choice and told what they are being tested for.
  • 07-15-2008 10:26 PM In reply to

    • DPH
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    Question [=?] re: Depends on the facts . . .

    How do you think you were harmed? Did the clinic provide the results to anybody besides you?

    What, exactly, would you like to happen at this point?

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 07-16-2008 9:56 AM In reply to

    Feedback [*=*] I can't read your dang mind . . .

    "therefore I agreed only for them to test it for that and nothing else."

    Any documents you signed would detail what you consented to.

    "This wasn't an emergency situation or eles I would've went to a hospital instead of a sort of walk in clinic."

    Hmmm. You left that out of your original post.

    "It's just wrong to tell a person one thing,they agree to it and then do something behind their back without their consent or knowledge!"

    The law doesn't provide a remedy for all wrongs. Primarily, there needs to be an injury for the law to provide a remedy, normally.

    "Random drug testing is done to inmates"

    No it isn't. Inmates still possess some rights against search and seizure. Additionally, the government is restricted against that sort of thing, but not private parties, normally. If I get a chunk of your hair I can have it tested for whatever I want.
  • 07-16-2008 10:33 AM In reply to

    Ok [+0+] re: Drug testing without consent? Hope this is the right board

    True.

    But I don't think there is a medical provider in America that doesn't have you sign all that stuff when you walk in the door.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-16-2008 10:40 AM In reply to

    Disagree [)*(] re: Depends on the facts . . .

    "It's just wrong to tell a person one thing,they agree to it and then do something behind their back without their consent or knowledge!"

    Here's what you wrote in your original post:

    "I watched her checking off a checklist of illegal substances"

    That's knowledge.

    You let her continue with the test.

    That's consent.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-16-2008 3:47 PM In reply to

    • paul22
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    re: I can't read your dang mind . . .

    Your wrong, inmates in the federal system do get random drug tests and those that do test pos. go on a suspect list and get tested regularly.This happens wheather they like it or not!
  • 07-16-2008 3:49 PM In reply to

    • paul22
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    • Posts 46

    re: Depends on the facts . . .

    It was more like she came in a set the paper on tthe counter for a minute that's when I saw it.It was after it was already done,I couldn't stop her she was finishe by then.
  • 07-16-2008 3:52 PM In reply to

    • paul22
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    re: Drug testing without consent? Hope this is the right board

    I never signed anything!I only told them my symtoms,they told me what they needed to do and then did something I never consented to.
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