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From: Robert Swotinsky MD
Date: 12 Dec 2005
Time: 16:50:53 -0800
Remote Name: 68.166.232.31
If a doctor is doing a clinical evaluation of someone's ability to work (e.g., is doing a DOT physical) and orders a drug test as part of that evaluation, the drug test would factor into the doctor's decision making process but would not be directly reported to the employer. For example: Dr. S says to Joe Trucker, "Joe, you tell me you're no longer using heroin and you're off methadone. But, just to be sure, would it be ok with you if I order a 10-panel drug test so that I can document that neither heroin or methadone are in your system?" Joe says "Sure doc." (Joe's an agreeable guy!) So, Dr. S orders the test and it comes back positive for 6-AM. Dr. S tells Joe and Joe's company that he's medically unqualified for truck driving, but does not "MRO" the result like a DOT test and does not tell the company that Joe tested positive for opiates.
Epilogue to the story: The clinic had Joe sign a release form when he signed in for his appointment and, per the clinic's usual practice with that trucking company, sent Joe's long form and drug test result to his supervisor. But then, you know the company's going to ask for the result, anyway, once they get billed for the test.
animadverto victum ethic (reality trumps ethics)