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Outpatient Surgery E-Weekly

Contact Congress Over Drug Shortage Issues

A Kentucky congressman is urging surgical facilities to contact their members of Congress and request that they sign his letter demanding changes to...

N.J. Posts ASC Inspection Reports Online

State and federal inspection reports of New Jersey's ASCs are now available online, giving patients an opportunity to make more informed choices abo...

Are Opioids Necessary?

While it's not always practical, or even possible, to eliminate opioids from your post-op pain management regiment, reducing their use in favor of n...

Archive > October, 2005 Vol. VI, No. 10

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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