... consent to a drug screen before you saw the doctor. It is not. Is this legal?
The staff in a doctor's office I went to yesterday said that because of federal law you had to?
Question posted by norajohnson2013 on 20 June 2013
Last updated on 30 May 2022 by rosieree
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5 Answers
rosieree
30 May 2022
Saw this topic in 2022. I have a permanent spine injury. 21 years now & have gone to the same clinic for nearly 20 years. They're making every single patient prove they're taking their meds four times per year and you can only go to one lab.
Here's what my homework showed. The CDC ONLY recommends testing if you suspect a patient and only testing once per year.
Every 3 months is excessive & should be fought. Especially when you've been with the clinic for such a long time.
When you limit patients to one lab, that tells me they have a profit-making contract with them... Especially when it guarantees testing 4 times every year.
I, like anyone us running into this scam should contest it.
Rlgroh41
3 July 2019
I am seeking the same answers? My Dr has been making me do the same over the last yr and a 1/2. Now they say my insurance refuses to pay for the drug screen and say by federal law I have to still do drug screen and pay outta pocket. The drug screen is not the problem... it’s the fact that half the staff have told me it’s a money thing!
Inactive
22 June 2013
I agree with DzooBaby, Lisa01, and Kasamomma (hope I got those right - sorryif I didn't) - anybody these days having any issue with a doctor requiring a drug screen before prescribing any kind of pain med is WAY off! It's amazing anymore to find doctors that will even consider prescribing opiates - there is SO much paperwork the doctor needs to do to keep their butts out of jail! Shoot, even my pharmacy has to access my prescription records EVERY time I get a pain med filled (three Rxs per month) to verify I am on an opiate medication. Yes, the pharmacy clerk accesses it, prints it out so the pharmacist can verify it before they even print out a label!
So yes, the doctor can and SHOULD require drug testing before even writing for the mildest pain med. And you should be happy they are - that's a practice that is likely to stay in business if the DEA does an audit (which happens all the time). You want your doctor to require you to sign an opioid contact with you, to do urine testing, to see you every month - the works. It is nothing against the patient - it is them keeping their practice in business!! EJ23
Inactive
23 June 2013
My mom is now in a nursing home. She is 90 yrs old. Had been going to the same doctor for 10yrs. She only took pain meds when needed. They had her do a drug screen at 89 yrs old. And, it made her feel awful. I will never forget that. There should be limitations on who they do this to. 10yrs and this happened. Well, this doctor/group does not have to worry about my mom anymore. They will be there one day.
Inactive
23 June 2013
Why should your mother feel awful? The urine test isn't being done to accuse HER of anything. It's being done across-the-board so no one is being singled out. They can drug test me any day - I'm glad - that way I know abusers aren't getting meds from MY doctor. And MY doctor won't be getting shut down by the DEA - he's got all the right documentation on file - he's done his job. And that's all drug testing is - a doctor doing their job - pure and simple. EJ23
kaismama
23 June 2013
The DEA couldn't shut down my dr because he jumped thru all the ridicules hoops they threw up, but the state of virginia pulled it off anyway. So don't feel safe just because you're doc is an excellent hoop jumper.
Inactive
24 June 2013
I don't, but the point is to not feel bad about being asked to do a drug test. Testing is normal now, and to be expected, and even wanted if it will keep your doctor out of jail. EJ23
Inactive
24 June 2013
I agree, but, not to an 89 yr old woman with the onset of dementia. They are paranoid enough. The world is going crazy with all these regulation and rules. These people on drugs are going to get them no matter what. They don't need a prescription. Like I said, my precious mom is in a nursing home now. I'm sorry if I sound rude, but, I had a bad day w/mom. No one takes care of your loved one like you do. Sometimes there is no other option. Take care and God bless.
Klassykatt
24 March 2015
I personally believe it's a money making deal for the doctors office. I am a health care professional and was random selected to drug screen in which I comlied. However, when I got the insurance statement. The Dr.'s office billed my ins. $2,800. That's insane. Just to come back negative.
screeninguregardless
1 May 2015
I work in pain management. I do the drug screens for the dr here via the lab. The dr does not make any money off the drug screens. He does not pay me, the lab does. I have been here 6 years. I will and do screen anyone who gets a scheduled narcotic from the providers here. I have screened a 90 yr old woman before because she was getting 60 percocets a month. She laughed. I do also have patients with dementia, she is 87. We have to screen her. He will not write scheduled narcotics for a patient who refuses a drug screen. It is not out of malice but because these providers spent a lot of time and money to become a dr.
If it is offensive to you for your mother to be drug screened then you need to let your community know that because of the drug abusers, your mom had to have a drug screen to get meds to help with her pain.
It isnt fair. I understand that BUT if you busted your arse for so many years going to school to be a provider, to care for people, then you wouldnt want someone to come in and get meds and abuse them. Not all drs are sharks, the one i work with is more concerned about his patients than his money for the most part. He loses a lot of money every year having 4 providers in his office that he has to pay. He takes medicare/medicaid and loses out on money unlike the ortho drs out there who will do a surgery for anything to get that money. He does mission trips two times a year with the money out of his own pocket.
Maybe thank your dr for caring enough about your mom to screen her. A lot of elderly patients who come into pain management are being given another pill that isnt their pain meds and they are suffering because their "caretakers" are the ones taking their pills...
kaismama
1 May 2015
I guess its harder then I think for the general public to understand that this is something that has to be done. Audits without them can wipe out a dr. Nursing homes have audits by the government and they have to answer to them. Its because of drug abusers that we are paying the price. Get mad at them, not your dr.
screeninguregardless
1 May 2015
@klassykat - from a lab employee, just because you get a $2800 bill or EOB for your insurance, doesnt mean that is how much that is actually paid to them.
My lab, our bill is anywhere from $900-2400. The amount they usually get paid by the insurance, depending on what type, is generally $400. Out of network is even less. Watch Dr Oz's show, he will tell you that any lab bill you get/have can be negotiated. It isnt that they are even trying to rip you off but just like at McDonalds, when you go buy that $2.29 triple cheeseburger... it probably costs them about $.50 out of their pocket... everyone is out to make money. Just because that is the bill doesnt mean its the amount you have to pay. Call the lab, explain to them that the bill was extremely high. Regardless of what you pay, or your insurance pays, whatever isnt paid gets written off at the end of the year.
Lisa01
20 June 2013
While no, it's not a federal law that I've ever heard of, Kaismama is right. They have every legal right to request a urine test prior to prescribing you medication. These days doctors have to be extra careful to protect themselves from getting in any type of trouble with the DEA. So don't get insulted by this. It's pretty much a regular practice for most doctor's offices and Urgent Care Centers.
Lisa
norajohnson2013
20 June 2013
No, it is not common to get made to take a drug screen at most doctor's and urgent care centers. I have been to a new GP and a urgent care center and neither have asked for that.
kaismama
20 June 2013
Then you live in the one place in the country where drug testing isn't common.
Inactive
20 June 2013
I agree with you. They are considering you guilty of drug abuse before even treating you. I am sooo sick of all the rules to get medical help now. The government rules the doctors now. And, the insurance companies. Those who work for the government and insurance companies don't have to worry about the things we do. They have the money to proceed with whatever test/meds they need. I should not post this because I know higher officials are watching what we say on these sites. But, I am just tired of this. God help us all. I have had problems w/my prescription drug plan lately and I am just upset. Sorry for sounding so rude.
DzooBaby
20 June 2013
Yes, I must agree that it is quite common for Drs to request a drug screen if you are there to get opioid pain medicines. The other Drs you have seen, were you there to get pain meds? If you are there for reasons other than pain meds they may not test you but if you are seeing pain management, it is routine to be screened first. It is unfortunate that everyone has to be treated this way because of the actions of a few, but it is what it is. The only thing you can do is to write to your lawmakers (your Representatives and Congressmen) and let them know how this has affected your getting the treatment you need. There are too many abusing drugs and Drs have to protect their assetts when they prescribe controlled substances because they can lose all they have if they prescribe to an abuser and that abuser dies while under their care because the lawyers will scream that the Dr should have tested prior to prescribing. Thank the lawyers and politicians in this country.
DzooBaby
20 June 2013
Not sure where you live Nora but quite a few of us on here from across the country have been under Drs care for chronic pain and we have been required to give urine specimens for drug screens for years. It has gotten worse in the last couple of years. If you are seeing a Dr to treat pain, they will request a UDS (urine drug screen). Some ask right away, some wait until they are considering writing for a controlled substance. If your primary reason for seeing a Dr is not pain then no, they may not ask for a screen, but any thorough Dr will ask for one if you are there primarily to have pain treated. It has been this way for many years. They do it to everyone rather than try to guess who is doing what they are supposed to. You cant tell by looking these days who the abusers and diverters are. There are sweet little granny ladies out there making a tidy income selling their meds so Drs have learned to protect themselves.
It is a requirement from the DEA to have Drs screen patients before prescribing controlled drugs. I do not think it is a law yet but the person who told you this may have just assumed that it was. Most people who work in Drs offices are not licensed individuals. They may have a little trainig but they are not licensed so they may have just assumed it was a law or they may have been told to tell people it is. It is more of a suggested requirement rather than law and all docs live in fear of the DEA showing up to investigate so they are following all "suggstions" to a T to avoid trouble.
kaismama
23 June 2013
I seriously doubt the government cares enough what we think to read drugs.com. If I thought for one minute that they did, I'd be sure to let them know what I think of the big brother tactics of messing with our healthcare like they know medicine.
kaismama
20 June 2013
Absolutely. If you are expecting someone to write prescriptions for you, he has every right to expect you to show you aren't abusing drugs. Remember there is no law that says a dr must treat you and they can have any rules for their practice.
norajohnson2013
20 June 2013
Yes, they may have any rule for their practice. They can say that it is their rule to drug screen. You missed the point of the question. I am not concerned about a drug screened. I am concerned that these people who I was considering to entrust my health to, had no problem just lying to me. Lying is what I have a problem with.
kaismama
20 June 2013
What did they lie about? The DEA does require random testing. This doc is covering his butt. Who can blame him with the way the Chiang is acting.
norajohnson2013
20 June 2013
The DEA does not require any testing.
Lisa01
20 June 2013
The DEA does require extensive records to be kept on patients receiving medications that are listed as controlled substances. Doctors prescribing controlled substances must keep detailed records on patients receiving these medications in the event of a DEA audit. In addition, many state medical/licensing boards are requiring that doctors perform a drug test prior to prescribing a controlled substance. Some doctors and urgent care centers are automatically testing patients at their first visit and again prior to prescribing the controlled substance, some wait until an actual prescription is required. Some doctors will run a drug test and run a Casper report to check your prescription history. You can contact your state's medical/licensing board to see if this is a requirement in your particular state. I must admit that I find your argumentative stance towards the people who merely answered your question rather confusing. Apparently you'd already made up your mind that the office had lied to you and were offended. So why even ask the question?
Lisa
DzooBaby
20 June 2013
Lisa is absolutely right.
Lisa01
20 June 2013
Thanks Dzoo! I rarely bother to argue with anyone here, but something about this one just kind of stuck in my craw. Here in Kentucky the state medical board requires doctors drug test prior to prescribing a controlled substance. State law mandates that pain management practices be owned by a licensed doctor instead of a group of investors unless they're all licensed doctors. Most of the urgent care centers here have a sign posted in the waiting room that states you will be drug tested prior to being prescribed a narcotic. Their hands are tied so there's not much point in getting insulted by the process.
Lisa
kaismama
23 June 2013
Some people ask questions just to show off because they think they already know it all.
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