In general, doctors cannot drug test without a patient’s consent. There are two main exceptions: First, if the patient is underage, a parent can authorize the test even over the patient’s objection. Second, if the patient is incapacitated – perhaps arriving by ambulance at the ER – the hospital may drug test to determine if any intoxicating substances are in the mix.
Can my OB-GYN Drug Test Me Without Consent?
The same rules apply to OB-GYN’s as to other medical practitioners. Consent is a requisite for conducting a drug test. While a state child welfare agency might require that a pregnant woman submit to testing as a condition of maintaining custody, unauthorized testing of pregnant women was deemed unconstitutional in a 2001 U.S. Supreme Court case.
Can a School Drug Test You Without Consent?
Possibly. This is a controversial issue, with court rulings on both sides of the matter. While the Supreme Court approved testing for athletes and others involved in competitive extracurriculars, testing without consent is a case-by-case question without a clear precedent.
