Legal Question in Civil Rights Law in Pennsylvania

i was wonderin if a drs. assistant at my phychiatrists office is aloud to watch me take my drug screen. i am a male and the assistant is a female. is that legal or aloud?

Asked on 8/27/11, 3:52 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Technically, it may be legal. A medical provider often has occasion to see members of the opposite sex's privates. Nurses are often called upon to remove catheters, and male physician's assistants often have occasion to observe a female's anatomy. Nevertheless, in your situation, it may not be a smart thing for the medical provider to do. I'm sure a woman would be offended if a male PA were to witness her urinating into a cup. You certainly had the right to say that you would prefer that a male witness observe you urinating and vice versa. It put the member of the opposite sex in a situation where the patient may make false accusations. Generally, in situations where a male physician must examine a woman in an intimate manner, a female nurse or nurse's aid is general;y present in the room. So if you feel uncomfortable with a female PA witnessing giving a sample, simply request of your doctor or the person in charge that you would prefer a man.

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Answered on 8/28/11, 4:02 pm

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