Odd Legal/Medical Question

[riotmod.livejournal.com]

I moved here from Michigan about a year ago. A couple of comments my new local doctor made made me think. The doctor implied to in order to receive a prescription for certain drugs (xanax was mentioned specifically) I would have to take (and pass) regular drug tests, and that this was a requirement of Massachusetts state law. Something about this just doesn't sound right to me.

I've got another appointment w/ the doctor to speak about this issue, and I'm looking for a good lawyer to call (to ask some questions about this and several other matters).

Does anybody know anything about this? Limiting medical care to those who don't do "drugs" doesn't seem like it keeps with the Hippocratic oath.

UPDATE: I suspect that the doctor made mention of the drug test to discourage drug-seeking behavior. I have more than a few visible tattoos and waist-length dreadlocks; methinks the doctor might have tried to judge my "book" by its "cover".

Thanks for your answers, everybody! I'll talk to the doctor, and make sure to get my medical file from them. After that? Who knows, but at least I'll be better informed.

Comments

[gingicat]

I have been prescribed anxiety drugs and no-one EVER said that.

I recommend Cambridge Health Alliance.

[secretlyironic.livejournal.com]

Some places will require that, but I doubt it's a law, or if it is it's a new one. It's an anti-drug-seeking thing.

Xanax in particular has been the subject of some news coverage, and a lot of orgs are trying to move away from it-- it's faster-acting and more addictive than others in the benzo family.

My guess would be that they want to test you to make sure that a) you're taking the drugs you've been prescribed instead of selling them, and b) you're not combining them with something else (notably, Xanax and methadone are an alarmingly fatal mix).

You may want to ask your previous doctor to send you (or your new doctor, or both) your medical records, both to establish a history of being a legit patient and not a drug-abuser, and also to ensure greater continuity of care.

[riotmod.livejournal.com]

The doctor mentioned that a positive result for marijuana would preclude me being prescribed the "protected" drugs, so I don't think that cross-medication or pharmacological management was the intent of the drug test.

[turil.livejournal.com]

Actually, that sounds totally reasonable for a doctor to not want you messing with their drug management when it comes to psychoactive drugs. Cross medicating anti-depressants with other prescription-type drugs (marijuana) is probably not something the doctor wants you to do. Doctors like to work with reasonably stable systems, so that they can be somewhat in control.

[riotmod.livejournal.com]

As I'm not currently taking ANY prescription drugs, I'm not sure what the doctor was trying to "manage".

I'd believe that the doctor actually had MY best interests in mind if s/he had talked to me about, well, anything mentioned above instead of trying to get me to take a drug test. Threatening to withhold medical care if I can't pass a "purity test" isn't really in my best interest, no matter what the doctor's intentions.

[turil.livejournal.com]

I didn't realize the doctor threatened to withhold medical care. That doesn't seem at all right. You only mentioned not being prescribed serious drugs, which is reasonable if you are taking other drugs. Obviously medical care isn't (and shouldn't ever be) drugs. Other forms of treatment are always preferable for everyone (except the drug companies), so a doctor who doesn't want to give you drugs is probably a really good doctor.

[rufinia.livejournal.com]

This is the first I've heard of anything like that. A quick Google search indicates nothing of the kind, but I'll kick WestLaw and see if anything comes up.

[lillibet.livejournal.com]

Interesting. I actually read a news story (http://www.npr.org/2011/10/11/141240653/states-consider-drug-test-requirement-for-benefits) this morning about various states considering passing laws to require regular drug tests for the recipients of government benefits.

But no, there is no such law in Massachusetts. Either your doctor is seriously confused, or there was a miscommunication.

[riotmod.livejournal.com]

Yeah, Michigan tried drug testing welfare recipients a few years back...it didn't work out well (http://www.talkleft.com/story/2003/04/10/879/80591).

[mindstalk.livejournal.com]

"Governor Scott issued an executive order right when he took office. to force state workers to undergo drug tests"

I bet that didn't extend to himself or cabinet Secretaries.

If we're going to go this route, I fully support random drug testing of legislators and CEOs. *cough*

[whowehavetofear.livejournal.com]

I've had prescriptions for just about every kind of benzodiazepine out there and have never had to take a drug test for it. I think your doctor is wrong.

[miss-jett.livejournal.com]

Ditto, between me and my partner. The only drug tests I've been subjected to have been to make sure that I have the correct levels of meds in my system, and they started specifically because I'm prescribed painkillers. When I was doing very well in regards to panic attacks at one point and they didn't show up on the blood test, I was asked why that happened. When I told the doctor that I had been having less panic attacks and hadn't needed to take them for a few days (I take them as needed), that was the end of the issue. That was like 6 months ago and it hasn't come up again.

[plumtreeblossom.livejournal.com]

I had a nurse practitioner practically shove Lexapro down my throat when I didn't even ask for it. I know I wasn't drug tested beforehand.

I've never heard of such a law. Something is rotten in Denmark Greater Boston.

[turil.livejournal.com]

Nah, they want you to take all the addictive drugs you can, at that just means more profits for both the industry! The lobbyists would shoot that law down in a second.

[plumtreeblossom.livejournal.com]

This was my experience at MIT Medical. I went in for a routine physical (with no desire for drugs) by a new-to-me PCP, and was instead prescribed high doses of Lexapro, Lorazepam, Amlodipine and two kinds of beta blockers. I should have completely ignored the prescription, but she scared me so badly with with the insistence that I would basically die today if I didn't take them. They made me sicker than I've ever been in my life, and after six weeks I stopped all of them and now take nothing. I'm still recovering.

As far as I'm concerned, big pharma takes people's money, and then kills them.

[marphod.livejournal.com]

It can be a requirement of your employer (sort of -- if they make everyone take regular drug tests or do random drug testing). It _might_ be a requirement of your insurance carrier (although that'd be a little odd). It may just be a requirement of your particular doctor, if there is a significant contraindication and you have a history of abuse or they don't trust you.

It is not a state requirement.

[enveri.livejournal.com]

It's worth noting as well that alot of people in the Healthcare industry will cite, "It's the law" to avoid pushback or questions from the patient. They are talking out of their backsides, but it's enough to make most people back down.

[mindstalk.livejournal.com]

Obvious reply: "Which law? Can you give me the citation?"

[blacktigr.livejournal.com]

I am also from MI, and also on some of that stuff, and they have not at all told me about drug testing. Unfortunately, I look like the girl next door (regardless of how I dress) so they wouldn't try that on me.

[surrealestate.livejournal.com]

FYI, the PCP I talked to said there is absolutely no law but that, depending on circumstance (for example, someone walks in and says "I need a prescription for Xanax!") testing is pretty common. It's totally at the discretion of the provider both whether or not to do it and what to actually test for. Xanax in particular is a popular drug-seeker drug.

It sucks that your doc lied to you, though. Maybe it's strict policy at the practice and that's what they meant? Bleah either way.

[bobobb.livejournal.com]

I was drug tested before being put on psych drugs. I believe the Doctor wanted to ensure that there was nothing in my system that would clash negatively with the meds. I could see not wanting to mix Xanax with plenty of things that patients probably wouldn't disclose. Perhaps less of a judgment based on your looks (because "normal" looking people do all kinds of messed up drugs), but more the policy in the practice.

[icecreamempress.livejournal.com]

If your doctor said "it's the law!" to bully you into following some random policy of the provider, then your doctor is a liar and you need a new doctor.

[squirrelitude]

I don't see why that would be necessary. Doctors *already* ask if you are taking any other drugs (legal or not.) Then again, I don't know if there are laws protecting some sort of "doctor-patient privilege".