Legal Question in Health Care Law in Pennsylvania

prenatal drug testing

During prenatal testing can they make me drug test?


Asked on 9/24/07, 4:12 pm

1 Answer from Attorneys

Maxwell S. Kennerly The Beasley Firm

Re: prenatal drug testing

There's no straight answer for that but, to the extent there is an answer, it is generally "no." That is to say, the hospital can't work with the police to secretly screen pregnant women for drug use and then hand them over to the police. That was decided by a Supreme Court decision in 2001, which you can read about here: http://www.reproductiverights.org/crt_preg_ferguson.html

Your situation may be more complicated, depending upon where you're going, who is testing you, if they ask for your consent, and a variety of factors. Generally, though, medical providers are not allowed to report pregnant women's drug use results to law enforcement. You may wish to call one of Pennsylvania's women's rights organizations for more information on the subject; the website above can likely provide you information.

As the Supreme Court upheld in 2001, prenatal testing is extremely important for your health and the fetus' health, and you're entitled to rely on your doctor-patient relationship. There are many free programs available to help you quit, or at least reduce, drug use, particularly during pregnancy. Every day thousands of women dramatically improve their health and their fetus' health by having detailed and frank conversations with their physicians about these issues.

Read more
Answered on 9/24/07, 4:39 pm


Related Questions & Answers

More Health Care Law questions and answers in Pennsylvania