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From: Dr Dave
Date: 21 Dec 2004
Time: 15:43:56 -0800
Remote Name: 216.79.95.56
I have become involved(through a patient that is in this program) with a local drug enforcement agency that offers a diversion from incarceration to non-violent drug offenders. My particular patient was being threatened with incarceration and dismissal from the program because of dilute/negative screens administered by the officers. These screens are sent out to a lab (I'm not sure if it a SAMHSA certified lab) and the screens are reported directly to the law enforcement officials. The lab is apparently telling the officers that the only way that this could happen is the donor's intentional attempt to dilute the urine and hopefully cause a negative result. (I realize that there are several legitimate ways for the dilute results to occur physiologically). I don't believe there is an MRO involved in this process. I've been asked to help educate these officers with regards to the dilution issue. Currently someone with a dilute result is subject to arrest and 48 hour incarceration, no questions asked. Have any other MRO's dealt with any such judicial diversion programs that may have faced this issue? My feeling is that the law enforcement folks are potentially setting themselves square in the sights of a civil suit from one of these donors that have done nothing but produce a dilute specimen and end up in the pokey. I'd like to help them but worry about my own liability if they continue to use such a practice of taking action against individuals who have not had a positive drug screen. All thoughts would be apprecicated. If there are any JD types following this board please weigh-in as well.