Quote Originally Posted by ceecee79
I am curious about whether a doctor can give you (as a patient) a drug test without consent, according to the law, or would the law vary from state-to-state (in the US)?

I just wonder about this because I work at a lab, and I see so many orders for drug tests, panels, and specific tests, such as cannabinoids, percocet, "drugs of abuse screen serum", ect. I always look at the age, and sometimes it is a teenager, but other times it is an adult patient. Like a 72 year old being tested for weed!? I just can't imagine adults just consenting to being drug tested by their doctors so I'm just wondering why there are all these orders for drug tests?

I also wonder about HIPPA regulations regarding this situation, as usually these tests are being filed under the patient's insurance (which I assume, is through their employer) so technically, the employer would have access to the information. In my case, my employer would have direct access to the information, as I am employed by the lab, and all tests through them are covered at 100%, if I went to a different lab it would be 80% after deductible.

I also used to work at United HealthCare, and our insurance was through them as well, so that's a similar type of situation, where my employer had direct access to my medical records.
HIPPA regulations state that your doctor may not, under any circumstances, release any medical information to anybody other than the patient without your consent first. you would have to sign a waiver to cover the doctor's ass, u know what i mean? and i think you would need to sign a waiver each and every time your medical records were disclosed to a 3rd party. violation of HIPPA means a 100,000 dollar fine for whoever did it--and the doctor can be held liable personally as well. HIPPA protects you fully.

i know a pharmacist who almost got a fine from hippa because he was working one day and this lady's RX was already filled. he handed it to her and said, "here is your atropine" (don't fuck with atropine FYI). the lady did not mind--however this is a HIPPA violation, and it just happened that somebody higher up in the chain of command (like a person with the board of pharmacy) overheard what he said and told him it was a HIPPA violation because other people were in the waiting area and overheard him say "here is your atropine". Had the lady cared, she could have filed a complaint with HIPPA--ultimately filing a lawsuit. and she would have won the case because HIPPA don't fuck around.

hope that helps.