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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33770
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Do Hospital or rehab center in California report to

Customer Question

Do Hospital or rehab center in California report to authority or insurance when drug screen is positive and any situation will get arrest or any permanent record? Any recommendation what to do before going to hospital or rehab center in California?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Why was a drug screen being given?

Customer: replied 1 year ago.
Not yet, we are thinking to go to a hospital or rehab center for help.
Expert:  Dwayne B. replied 1 year ago.

Neither a hospital nor a rehab center is supposed to report the results of a drugs screen to anyone and to do so is a violation of HIPAA. There are some exceptions to this, for instance if an employer or prospective employer sent you to have a drug screen done then they would receive a copy. Also, the records would be submitted to an insurance company if claim were made on the insurance for payment and the records were need to support the claim.

The police can't arrest someone based solely on the results of a drug screen so that isn't an issue.

Customer: replied 1 year ago.
If the drug is illegal substances is it a crime in California?
Expert:  Dwayne B. replied 1 year ago.

It is a crime to possess or use an illegal drug but they won't prosecute you just because you had a positive drug screen. They could if, for instance, you were involved in a wreck and they did a drug screen at the hospital afterwards but that isn't a case of just having a positive drug screen.

Customer: replied 1 year ago.
It is a crime to possess or use an illegal drug but they won't prosecute you just because you had a positive drug screen.rephraseIt is a crime to possess or use an illegal drug but they won't prosecute you just because you use illegal drug in California?
Expert:  Dwayne B. replied 1 year ago.

No, that last statement isn't accurate. If they catch you possessing or using it then they will prosecute you. They won't prosecute you just because of the positive drug screen because there are a lot of substances that cause false positives, they can't prove that someone didn't somehow give you the drug without you noticing, etc.

Expert:  Dwayne B. replied 1 year ago.

Did you have additional questions?

Customer: replied 1 year ago.
No Thank You
Expert:  Dwayne B. replied 1 year ago.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.