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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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