From: Rebecca Hellman
Date: 15 Feb 2005
Time: 08:19:35 -0800
Remote Name: 12.38.198.125
Good Morning! Kathy, an associate of Dr. Swotinsky's at the MROCC, asked me to post my question here for your response.
I work as a Regulatory/Legislative Analyst with Concentra Inc. Among other things, Concentra has approximately 300 occupational health clinics nationwide. One of the many function performed by our clinics is employee & DOT drug testing. Concentra contracts with a number of MROs who were certified by the MROCC. Our clinics in Arizona are encountering resistance from MROs who refuse to review/read positive drug screen results of minors. They state that the consent form where we have the parents sign on behalf of their minor child to conduct the drug screen is invalid. This is the first time this type of situation has arisen in our Arizona clinics or any clinic for that matter. One of the MROs contacted the MROCC to determine what, if anything, was invalid about our minor consent form for drug screening and what components/parts minor consent forms are required to have. The contact at the MROCC said that the consent form must include three parts:
1) Consent to do the drug test and prescribing the type of test to be done.. signed by both the donor and the parent/guardian.
2) Consent for results to be released to the parent/guardian, signed by both the donor and the parent/guardian (If the donor refuses, but the parent still gives consent for the screen, according to the MROCC, it is OK to proceed.)
3) Consent for medical review and the release of records pertaining to the review, signed by both the donor and the parent/guardian.
The purpose of my inquiry is to inquire where the MROCC obtained the above information... the 3 components required for a minor consent form. Did these three components come from Arizona law or did they come from Mandatory Guidelines for Federal Workplace Drug Testing or DOT rules? Please advise of the source of this information. I'd also appreciate, if possible, if you could examine all applicable drug testing law (Federal and state/AZ law) that may apply to the consent forms we're using in Arizona. Thank you, in advance, for any assistance you can provide. I truly appreciate it.
Sincerely, Rebecca Hellman
Regulatory/Legislative Analyst, Concentra Inc.
720 Cool Springs Boulevard Suite 300 Franklin, Tennessee 37067
Email: Rebecca_Hellman@concentra.com
Phone: 615-778-4232 E-Fax: 615-224-9156