Can the results of a drug test be subpeonaed? It is not a court ordered test...my ex wife is trying to get it

Answer 1

Anything can be subpeonaed, (sp?) but that doesn't mean it has to be released. Substance abuse records are even more protected than your average medical record. They have to go through hell and high water to get them. It is very unlikely that the court will grant a sub. for a substance abuse record in a case like divorce. Unless it has something to do with life or limb, there is little chance of her getting this. However, YOU need to call the medical records office or provider of wherever you got this test done. Let them know that you do NOT authorize the release of information of this test and ask to speak to their HIPA (health information and protability act) or other such person. They will set you at ease as to what your rights are in this specific case. YOu can also google H I P A and read the laws yourself. And talk to your lawyer. I had a client who had a substance abuse assessment with me and a pee test. All her lawyer found out was that he underwent an evaluation and was not assessed to be in need of substance abuse treatment. They got nothing from me about the details of the asessment or the results of the pee test. AND even with giving her (the opposing spouse's lawyer) that much information, I had to have a very specific release of information (ROI) to be able to do that. They lawyer had a fit that she didn't get more info from me. He thought she had the right to it all because it was ordered by the court for him to have an eval - but the results are protected by LAW. In short, they'll have to move a small mountain to get it, it can happen if the situation is dire enough, your provider can deny the records to the courts and you need to be in contact with them to make sure they don't screw it up.

Answer 2

They can if you guys are going to court for a case where it could be used as evidence against you, like a custody case. But your ex wife cannot just go into court and ask a judge to order you to take a drug test otherwise.

Answer 3

Yes if it was a test you took for work it can be requested by the courts. If you wife is making accusations in court a judge can have you submit to a new test as well.

Answer 4

Yes

Answer 5

well, if she wants it, it MUST have tested positive.

and yes, she can get it... all she needs is a court order to get it too.

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WORKING UNDER THE TABLE
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Answer 6

Yes.

Answer 7

Why is it so important to her? Is it something you promised you would quit or why is it that you promised her you would do as in quitting drugs?