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Legal Drug-Testing Policies
Based on the Supreme Court's decision in Ferguson and recommendations from leading medical organizations, hospitals are now able to craft drug testing and treatment policies that are both constitutional and ethically sound. First, medical professionals should know that, if they perform testing for the specific purpose of gathering evidence of criminal conduct by patients, they have an obligation to inform the patients of their constitutional rights to protection from unreasonable search and seizure [1]. Hospitals that fail to inform patients of their rights may be open to civil liability for monetary damages. Second, testing policies that are developed with law enforcement agencies, employing their protocols, are more likely to be deemed unrelated to treatment and thus be perceived as being used only to further prosecution. To avoid such categorization, hospitals should develop testing procedures based on medical care and treatment options, independent of police or prosecutors. Third, as Lisa Harris and Lynn Paltrow note, "no state authorizes or expects physicians to use medical evidence of addiction for criminal prosecution" [1].
The Supreme Court recognizes that a physician's duty is to provide sound medical treatment to his patient, not to act as an extension of law enforcement. Physicians serve medical—not legal—roles in the treatment of pregnant women. Health care professionals who act on behalf of the state rather than for their patients breach the ethical duties of the patient-physician relationship. Such a breach erodes confidence and trust in the medical community, resulting in poor disclosure by patients, which, in turn, may dramatically reduce the efficacy of diagnosis and treatment. Physicians' duty of care lies first and foremost with the patient. Ultimately, to preserve constitutional rights and the ethical patient-doctor relationship, drug testing policies should encourage open communication between patient and physician, emphasize the availability of treatment options, and advocate for the health of woman and child.
journalofethics.ama-assn.org...
originally posted by: Krazysh0t
a reply to: RedCairo
Your reasoning is flawed. When we see babies destroyed due to things like meth or heroin usage by the mother during pregnancy, it results from a LOT of usage, not just a small bit. A small bit would have similar effects as you just mentioned about small amounts of alcohol, cigarettes, or weed while pregnant.
Just a heads up, if alcohol were illegal and federally scheduled, it would be listed as a "hard" drug or a schedule 1 drug. Tobacco would be the same as well.
So if they told you about how there are plenty of functioning Americans who take either meth or heroin it would destroy that image.
originally posted by: Krazysh0t
a reply to: NightSkyeB4Dawn
So you think everyone who uses drugs recreationally will eventually be an addicted mess?