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Outpatient Surgery E-Weekly

AMA Calls for Self-Referral Disclosure

Any physician who refers a patient to a healthcare facility in which he has ownership should disclose the financial relationship to the patient, acc...

Study: Patient Harm More Common with Pain Pumps

Just how dangerous are pain pumps? A new study suggests that errors related to pain pumps are four times more likely to result in patient harm than ...

Electronic Records May Reduce Malpractice Claims

Electronic health records are intended to improve efficiency and reduce medical errors, but can they also lower malpractice claims? A new study publ...

Home > Archive > October 2005
Legal Update
Can You Make Blood Tests Mandatory?
C. Todd Drake, Esq.

C. Todd Drake, Esq. If you suspect a tech is using cocaine, can you force her to undergo a blood test? What about a nurse who's the partner of a patient infected with AIDS? Can you force her to be tested? The not-so-simple answer: It depends. The courts have ruled that blanket mandatory testing is unacceptable, but testing is compelled when you have a reasonable suspicion that an employee may be putting herself, other employees or patients at risk. Here I'll examine some of the many legal responses to these questions, as well as the employee-testing dilemmas you face, in order to give you a better idea of what you can do if you're ever presented with such a tough call.

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