Legal Question in Health Care Law in Maryland

Re: Drug testing without permission

Drug tests are often performed without a person's permission. For example, most automobile accidents where bodily injury has occurred result in a test applied to all that seek medical care. Similar cases apply where there is a requirements such as with doctors, airline pilots, etc. These provisions apply through implied consent law, contractual provisions, or specific statutes.

Where a person was involuntarily committed to medical treatment, similar albeit different provisions may apply. Where a health insurer is involved, the matter may be dictated by that contract.

On the other hand, where someone sought treatment for substance abuse or detoxification, there are strict laws over the disclosure of test results.

Medical records are to be maintained confidentially. Results are not to be discussed with others; however, treatment efficacy often requires intervention by family.

Your question hings on the facts related to the treatment that was sought. These details should be discussed with an attorney.

G. Joseph Holthaus III

(410) 799-9002