Pubdate: Mon, 02 Apr 2001
Source: Grand Island Independent (NE)
Copyright: 2001 Grand Island Independent
Contact:  http://www.theindependent.com/
Details: http://www.mapinc.org/media/1023

DRUG TESTING KEEPS WOMEN FROM CARE

Sometimes the most well-meaning ideas have far worse ramifications. Take 
the Supreme Court's decision last week that testing post-partum women for 
drugs without their consent violates their constitution rights. The case 
involved a mother's constitutional right to privacy versus the right of her 
unborn child to health and safety, which was jeopardized through the 
mother's drug abuse.

The ultimate goal of arresting women who tested positive for drugs shortly 
after giving birth was to get them into drug treatment. The unintended 
results allegedly were that crack users were choosing not to get prenatal 
care or deciding to have their babies outside of hospitals, thus depriving 
their newborns of vital medical services.

This was a very important decision in protecting the right of all Americans 
to privacy -- and to a confidential relationship with their doctors. The 
South Carolina drug-testing program that was involved in this court case 
plans to continue, but only after police obtain a search warrant or the 
patient's consent.

Whether or not the doctors who participated in this program really had 
their patients' welfare in mind or not, the high court ruled that they 
shouldn't have turned the test results over to police without their 
patients' permission.

Patients normally expect medical test results to be kept private and the 
confidential relationship between a patient and physician shouldn't be 
broken. The physician could've encouraged the mother to enter a drug 
treatment program without involving law enforcement officials.

We can understand the argument that this program was an effort to reduce 
crack cocaine use by pregnant women. Once a woman tested positive, she was 
arrested for distributing the drug to a minor. But no law enforcement 
effort, no matter how awesome the goals, is worth violating our 
constitutional freedoms. Like it or not, every American receives the same 
protections from these rights -- even pregnant drug abusers.
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MAP posted-by: Beth