Legal Question in Civil Rights Law in California

does hospital or clinic drug testing of pregnant women violate their right to pr

does hospital or clinic drug testing violate a woman's right to privacy? If so, what California statutes permit such routine testing?


Asked on 1/31/01, 2:45 am

2 Answers from Attorneys

Stephen Gibbs Law Office of Stephen Gibbs

Re: does hospital or clinic drug testing of pregnant women violate their right t

There is a new case from the United States Supreme court on this issue, or one so very similar that it will have cases referred to in it that will be very close to your problem, just came out. The summary of the case, and how you can access a copy of it on the wen, is below.

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE

FERGUSON v. CITY OF CHARLESTON, No 99-936 (U.S.S.C March 21, 2001)

The use of law enforcement to coerce pregnant women into substance

abuse treatment does not justify a hospital conducting drug tests

and turning the results over to law enforcement agents without the

knowledge or consent of the patients.

To read the full text of this opinion, go to:

http://laws.lp.findlaw.com/us/000/99-936.html

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Answered on 3/21/01, 3:28 pm
Stephen Gibbs Law Office of Stephen Gibbs

Re: does hospital or clinic drug testing of pregnant women violate their right t

Hello:

There are some VERY recent changes and clarifications in the law regarding such procedures which are intrusive invasions of privacy. They are too complex to describe here and are very dependant on the facts of your situation.. If you live in the San Francisco Bay Area, I�d be happy to discuss what happened to you and do some legal research for you.

Please give me a call at 408-295-8282

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Answered on 3/15/01, 1:19 pm


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