Drug Crimes, Substance Abuse Unathorized/ Non-Consent Drug Screen

Status
Not open for further replies.

CandyFloss

New Member
Hi,
I don't know if this is the correct area to post his - so apologies in advance if isn't.

My husband is quadriplegic and for the last 10 or so years has been on a regiment of pain medication for the accompanying Chronic Pain Syndrome. His condition is permanent and at best manageable with his medication. He has never abused his medications ( i.e. no early refills / 'stolen' pills etc) and is under the supervision of at least three specialists for his overall treatment plan. Outside of those doctors he also has a primary care physician (PCP), who tends to his more general care and is the doctor responsible for his pain medication prescriptions.

My husband has never signed or been requested to sign a Pain Management Contract (PMC) by his PCP. This issue has never even been raised, until this week that is when he was called into the doctor's office and informed by his PCP that UA tests (ordered by one of his specialists for a suspected infection) had revealed levels of THC present. As a result of this his PCP has refused to issue him with his pain medication prescription, has informed Husband that he will be 'noting this finding in his medical records', and suggests he find another PCP who is willing to treat him for this problem. His PCP stated that he was doing this because husband had contravened his PMC ( yes the non-existent one) and when Husband told him there was no such contract in place his PCP stated that was irrelevant. Husband tried to resolve this by offering to sign a PMC and abide by the stipulated conditions. His PCP refused that offer.

The specific questions I would like to ask are as follows:

1. Without a PMC in place and as part of a UA ordered by another doctor (who did not request a drug screen, merely made use of the clinics lab facilities where the PCP is based for detection of a suspected infection) was Husband's PCP overstepping his boundaries by adding a drug screen to that test?

2. While we understand that no physician is obligated to treat anyone - can Husbands PCP make a notation of that finding in his medical records, which would severely hamper his attempts to find another PCP ? In other words, does 'doctor-patient confidentiality' restrict his PCP from noting these 'findings' ?

3. Did this unauthorized/non-consenual drug screen by his PCP constitute 'unreasonable search' ?


Any help / advice / clarification would be most appreciated.
 
1. No, he's not.

2. Not in the least. In fact, the PCP is generally obligated to note such findings.

3. No - "unreasonable search" protects a person from government interference.


I take it your husband does smoke marijuana? If he does, it's actually critical that his treatment team is aware of it.
 
1. No. The doctor was apparently trying to treat an infection. It is not uncommon for doctors to do a urine screen. If the patient did not want urine tested then the sample should not have been provided. It is hard to argue that the test was not consensual.

2. It seems like a relevant thing to note in the medical record. The doctor would not be doing his job if he turned a blind eye to such things- it could factor in to how the doctor determines to prescribe medication.

3. Again, it is hard to argue the test was not consensual. One can only wonder how the doctor got the sample. This is not a scenario in which "unreasonable searches" under the 4th Amendment comes into play.

If not happy with the doctor, get a new one.
 
I'm curious, so please don't take my curiosity as criticism or judgment, OP.

How does a quadriplegic smoke anything?
 
I'm curious, so please don't take my curiosity as criticism or judgment, OP.

How does a quadriplegic smoke anything?


It's possible, AJ.

Just one example would be the fine old use of the hookah. Or pipe. One-hitter. Someone else holding it - y'know?

I misspoke though. I said "smoke". I should have used something along the lines of "ingested" or similar.
 
It's possible, AJ.

Just one example would be the fine old use of the hookah. Or pipe. One-hitter. Someone else holding it - y'know?

I misspoke though. I said "smoke". I should have used something along the lines of "ingested" or similar.




I see, Pro, dude just inhaled it, right? :dunno:

I suppose that would be possible with some assistance. :biglol:

Then he could rightfully say (hold on, its coming), what Flip Wilson used to say, "THE DEVIL MADE ME DO IT!!!" :dgrin

Ta da... :cheer:



 
Status
Not open for further replies.
Back
Top