do doctors have to report patient using illegal drugs

by Emmett Daugherty II 9 min read

As a doctor, are you required to report illegal drug use in …

32 hours ago I have never reported anyone for illegal drug taking, and I never will (as a physician). I have never been asked to do this and there is absolutely no expectation for medical professionals to do this! That said I frequently counsel patients engaged in illegal drug taking to cease and desist with pretty blunt language. >> Go To The Portal


No. Your doctor isn’t legally allowed to report drug use to the police. The only situations in which doctors can break confidentially is if there’s concern about someone seriously harming themselves or others. Our main focus is on your health and how to partner with you to improve your health.

Full Answer

Can my doctor report drug use to the police?

Your doctor isn’t legally allowed to report drug use to the police. The only situations in which doctors can break confidentially is if there’s concern about someone seriously harming themselves or others. Our main focus is on your health and how to partner with you to improve your health.

Can I talk to my doctor about illegal substance use?

If you choose to talk to your doctor about illegal substance use, you can, in most cases, rest assured that your conversation will remain confidential. You can read up on physician-patient privilege at Wikipedia, but here are the important highlights: It’s a Legal Concept: The doctor-patient privilege is a nationally recognized legal concept.

Can a doctor discharge you as a patient for illegal drugs?

And if you continue to use illegal substances it could be harmful to your health. Against medical advise. The doctor could legally discharge you as a patient as AMA. AGAINST MEDICAL ADVICE. As a matter of fact pain management doctors do this. You must be tested monthly for the pain medicine prescription.

Do hospitals have to disclose drug dealing to the police?

If an individual presented with a large quantity of illicit drugs, likely to be for dealing, we would speak to the hospital legal team to discuss whether we needed to disclose to the police. No. We see patients in the ER quite often with abscesses related to IV drug abuse, as well as patients who are intoxicated from illicit drugs.

What is the biggest fear people face when just thinking about admitting substance use to their doctor?

The biggest fear people face when just thinking about admitting substance use to their doctor is consequences. Discomfort grows when a person is using an illegal substance. The biggest fear is being reported to the authorities. Thanks to doctor-patient confidentiality, this fear is often only as big as you make it.

What to do if you know you have a substance use problem?

If you know you have a substance use problem, it’s time to talk to your doctor, even if the drug (s) you’re using are illegal. The point of talking to your doctor is to seek and obtain the kind of treatment that will help you stop abusing drugs and end your addiction. Your doctor can help you find the right treatment.

What is the oath of a doctor?

The oath serves as a sort of moral guide , and medical practitioners must abide by a code of ethics. While doctor’s view patient-physician confidentiality as a fundamental tenet of their code of ethics, they are bound to abide by it within the constraints of the law. Harm Must be Reported: By law and ethics, a doctor must report severe bodily injury.

Why do people depend on health insurance?

As a result, roughly 98% of U.S. citizens depend on health insurance because without it medical visits and care would be largely unaffordable. Healthcare is currently a highly explosive topic.

Can insurance deny surgery?

The patient’s insurance agency can deny coverage of the surgery by stating the patient was documented as using an illegal or controlled substance that is known to cause heart problems when used regularly or long term. This “insurance loophole” doesn’t apply to legal addictive substances, like alcohol and cigarettes.

Can a doctor discuss drug use?

A doctor cannot discuss the information you share in confidence, and if they do, you can take legal recourse, even when admitting something like heroin or cocaine use. If you choose to talk to your doctor about illegal substance use, you can, in most cases, rest assured that your conversation will remain confidential.

Can drug use affect insurance?

Those records can then be submitted to your insurance agency, and they can then use those records to increase premiums, deny payment, or deny coverage for certain conditions and/or procedures. It is possible that admitting to drug use could affect future coverage when most needed.

Can illicit drugs cause heart attacks?

Some illicit drugs can interact with medications. Depending on the drug, they can also have negative effects like causing high blood pressure, insomnia, depressed mood, persistent nausea, heart attacks or irregular heart rhythms.

Is it better to disclose too much or too little to your doctor?

It’s always better to disclose too much than too little to your doctor. Even if you used drugs a long time ago in high school or college, it’s still a good idea to let your doctor know. They might want to do extra blood tests depending on what drug you use.

Can you take someone else's prescription?

We don’t advise taking someone else’s prescriptions. Something that’s safe in one person might be dangerous in another, depending on their medical history. However, it’s good for your doctor to know if you took someone else’s medication because if it worked for you and is a safe option, your doctor might prescribe it for you. ...

Can a doctor report drug use to the police?

No. Your doctor isn’t legally allowed to report drug use to the police. The only situations in which doctors can break confidentially is if there’s concern about someone seriously harming themselves or others. Our main focus is on your health and how to partner with you to improve your health.

What happens if a therapist fails to take reasonable steps to protect the intended victim from harm?

“If a therapist fails to take reasonable steps to protect the intended victim from harm, he or she may be liable to the intended victim or his family if the patient acts on the threat ,” Reischer said.

Do you have to report child abuse to a therapist?

“If a client experienced child abuse but is now 18 years of age then the therapist is not required to make a child abuse report, unless the abuser is currently abusing other minors,” Mayo said.

Can a therapist report a patient's intent to harm someone else?

A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. However, this is not as simple as a patient saying simply they “would like to kill someone,” according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York. There has to be intent plus a specific identifiable party who may be threatened.

Do therapists have to disclose information in court?

For instance, Reed noted that even if a wife is cheating on her husband and they are going through a divorce, the therapist has no legal obligation whatsoever to disclose that information in court. The last thing a therapist wants to do is defy their patient’s trust.

Should clients withhold anything from their therapist?

“Clients should not withhold anything from their therapist, because the therapist is only obligated to report situations in which they feel that another individual, whether it be the client or someone else, is at risk,” said Sophia Reed, a nationally certified counselor and transformation coach.