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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88644
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can my primary doctor drug test me without my knowledge or

Resolved Question:

Can my primary doctor drug test me without my knowledge or consent?
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

This depends - what did he drug test you for, why (if you know), what were the results, and how did they do it - did they simply run samples that they already had, or did they specifically take samples just for the drug test?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Customer: replied 2 years ago.

The doctor never said anything about drug testing me. The nurse told me they needed a urine sample before I leave. I assumed they were checking my cholesterol as usual. On my next visit, the doctor told me, I tested positive for marijuana, (which by the way I have a doctor recomendation for). She recorded this into my medical file and called it a street drug. Now every doctor that looks at my medical file will see that. Can I make her remove that from my file?

Expert:  Ely replied 2 years ago.
Thank you, Larry.

Is this a private physician or a government agency, like the VA?
Customer: replied 2 years ago.
It is my new primary care physician through blue cross/medi-cal.
Expert:  Ely replied 2 years ago.
Thank you friend.

Okay, I have a good news/bad news answer. I will start with the bad news.

Bad News
I am afraid that they are allowed to to so. You voluntarily gave a urine sample, and it would be (arguably) reasonable to assume that this was permission for them to test for anything unless it was specifically said otherwise. I know, it is not good news.

Good News
This is not "in your file" per se. There is no "central database" where While HIPAA allows the physician to share medical information with another physician's office without your consent to further treatment (45 C.F.R. 164.524(a)(1)(ii)), they will not unless they are asked.

So all you have to do is to go to another physician and that is it - you can not mention the old physician and the old physician's records will never be pulled. And because HIPAA does not allow physicians to share record with anyone (including the police) else without a court order or subpoena, those records are unlikely to ever see the light of day.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88644
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
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