Hi, I am from Pennsylvania and have a question about the legality of random drug-screening for prescription medication. About a month ago, I consulted with my doctor about switching a medication I was prescribed (Ritalin) and my family physician suggested Adderall which I tried for a month. On my second visit, while consulting with the doctor on the new medication, he asked me sign a contract
and to provide a urine sample since I was taking the medication.
The contract states: “The purpose of this contract is to prevent misunderstandings about certain medications that you will be taking for pain management or ADHD. This is to help you and your doctor follow the laws regarding such medications.”
Next, the contract lists 18 conditions:
1. I understand this contract is essential to the trust and confidence necessary in doctor/patient relationship.
2. I understand if I break any part of this K, my doctor will stop prescribing these pain control/ADHD medications, and I may be dismissed from the practice.
3. I will not get prescriptions for ADHD, pain medication, sleeping pills . . . from any other physician.
4. If I see any other physicans, I am required to inform them of this contract.
5. I will keep regular appointments with my doctor. I will call at least 24 hours in advance if I am unable to keep a scheduled appointment.
6. I agree to follow all of my doctor’s recommendations for diagnostic testing, and management of my condition.
7. I will communicate fully with doctor about the severity of my pain/symptoms, how my pain/symptom
8. I will not use any illegal drugs, including marijuana
9. I will not share, sell ,or trade, my medication with anyone.
10. I will safeguard my medication from loss or theft. Lost or stolen medications will not be replaced
12. I agree to use only one pharmacy for refilling all my pain and ADHD medicines that are prescribed
13. I will not use my pain/ADHD medicine more frequently than it is prescribed. If current therapy does not provide adequate control I cannot change the dose on my own. I must contact my physician.
14. I agree to always be ready to give blood/urine sample. During the office visit I will come prepared to provide a urine sample. I agree to come into the office when I am called to provide a sample the same day I am called.
15. I understand that it is strongly recommended that I never eat anything containing poppy seeds such as, sociable crackers, because this could give a false positive on a drug screening. From this point forward, anything positive on a drug screen will be presumed to be correct.
16. I understand and agree to follow these guidelines that have been fully explained to me. All of my questions and concerns have been answered. A copy of this document was given to me.
Firstly, the doctor did not explain the full meaning of the contract and told me that it was to ensure that the Adderall was in my system and that I was not selling the medication. I do not sell my medication and this aspect should not be an issue, however, I have used marijuana within the last week and am fairly certain I will test positive for it. Ultimately, I understand that in Pennsylvania, using marijuana is illegal but I am interested in knowing how this condition can be imposed by my physician a month AFTER prescribing the medication (he never asked me about marijuana use or warned me against it while taking the medication) I was notified of this condition after reading the contract. Also, I have friends that are prescribed the same medication in higher dosages who have never been tested for drugs- how can one office be ethically obligated and another not under Pennsylvania law? I would also like to know: 1.) Is this contract is legally enforceable? 2.) Are the results of the drug screening are allowed/required to be included in my medical history (or can I object to the inclusion of such information), and 3.) If I were to switch physicians, would my former doctor be allowed/ obligated to inform my new doctor of the drug test results?
Your insight and guidance would be truly appreciated.