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My husband went in to the clinic for a D.O.T. physical, and he was found to be totally healthy except for his urine. They made him pee a few times, tested the heck out of it, then behind our backs with no permission, no signed waiver, and shutting the door on us (so we couldn't see into the room) they drug tested his urine. The only history he has is borderline kidney disease, which we disclosed to the Doctor. In our state the DOT does not require drug testing at physicals unless the Employer requests it. And there was no request! We just moved to this area and its a small place, of course he didn't have anything to worry about, and the urine was only "abnormal" due to his kidneys inactive and then overactive secreations of protiens and sugars ect., But it felt like we were being profiled or victims of some sort of stereo type and the more I think about it the mad'r I get! And if it would have been drugs, what then? Does he just get to make up the rules as he goes?

2006-09-06 23:22:35 · 8 answers · asked by minesquishy 1 in Health General Health Care Other - General Health Care

8 answers

Your husbands rights were indeed violated.

In Florida, DOT stands for Department of Transportation. Don't know what yours stands for, why didn't you say? Your doctor has no right to test you in this manner. Ask him why he would do that. Don't be silent. Complain to the Department of Professional Regulations, the American Medical Association and any other societies your doctor might belong to.

Notice I did not use abbreviation for things you might not know?

2006-09-06 23:33:16 · answer #1 · answered by lcmcpa 7 · 0 0

I think it is highly unusual that a new employer wouldn't request a drug screen on a new employee. It is my understanding that DOT requires this routinely. This could vary from different locations, and if that is the case, your husband should have been told so at the time. Almost all new employees are now required to submit to a drug screen and sometimes employers also make prospective employees answer a survey kind of like a personality quiz to weed out potential dishonest persons or drug takers. Then there is the background check! After working at one place for 20 years and then changing jobs, I found this whole process as an invasion of my privacy and somewhat insulting - but at least I knew that these things were done to everyone and I wasn't singled out. I am sorry for your husband's experience. It is possible that maybe the presence of protein or rbcs in the urine triggered some concern. I hope that your husband can find a new doctor - a kidney specialist that will continue to monitor his kidney problem. Kidney disease is a serious illness and can greatly affect a person's overall health.

2006-09-07 06:43:32 · answer #2 · answered by petlover 5 · 0 0

He does not have to accept your explanation for an anomaly in the kidney test results, and is within his rights to go ahead and test for drugs, which damage the kidneys. Is a drug user going to tell the truth? Nope.

Doctors do these tests so that they can come to their own conclusions about what is going on with you, independent of what you say. The tests do not have to be requested by you, they are at his discretion. I think that is professional conduct, and nothing to be upset about.

If he had found evidence of drug use, he would have talked with your husband about it. He would not be able to release the information because of doctor/patient confidentiality.

2006-09-07 06:32:38 · answer #3 · answered by Anonymous · 1 0

There is no special consent needed for a drug screen. After the doc has your blood or urine, they can order whatever they want. The only test that requires special consent is an HIV test. By handing the urine to the person, you've given them consent to test it.

I'd be mad too, if it were me, but I do this to people fairly often. I test pregnant women and their newborns, and I'm not sorry I do it.

2006-09-07 07:30:04 · answer #4 · answered by trivial 5 · 0 0

your rights weren't violated. Once you submit the urine they can test for whatever they want to. The DOT might have requested that the Dr. do the test and just not inform you. Could be that they've had people try to get around the test or fool it when they knew that's what they were getting tested for.

2006-09-07 06:29:15 · answer #5 · answered by Anonymous · 1 0

It is not unusual for the DOT to test extensively for drugs because they are operating vehicles that effect "people lives".....random check are happening all the time and they do not have to tell you...welcome to post 9-11!!!

2006-09-09 21:55:15 · answer #6 · answered by Michelle 3 · 0 0

I think you have every right to feel violated. I would file a complaint. Write a letter to the editor of your local newspaper as well...that'll help get your feelings out...and others will be warned. And the doctor will be ashamed I hope!! B/c that is wrong.

2006-09-07 06:30:31 · answer #7 · answered by Cy 5 · 0 1

I think 'having your rights violated' is a bit strong. However he did act unprofessionally and you should report it

2006-09-07 06:25:34 · answer #8 · answered by zeem3333 2 · 2 0

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