An August 1, 2014, article published in the online version
of the New York Times, reports that a
ballot provision in California could make it the first state to require random
drug and alcohol testing for doctors. The new provision is part of a broader
piece of proposed legislation, known as Proposition 46, that also includes an
increase in the ceiling for pain and suffering awards in medical negligence
suits (
California Asks: Should Doctors Face Drug Tests?).
Under Proposition 46, prospectively titled, “Drug and
Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statue”,
doctors in California would be required to undergo random drug and alcohol testing,
the results of which would be reported to the California Medical Board.
Hospitals would be required to report the names of doctors suspected of abusing
drugs or alcohol.
Daniel R. Levinson,
the inspector general for the U.S. Department of Health and Human Services
(HHS), said in an interview that medical professionals should undergo random
drug and alcohol testing due to the availability of controlled substances
within hospitals. Opponents of the measure contend that its implementation
would increase insurance rates and may deter doctors from pursuing
specializations that are perceived to carry high litigation risks, such as
obstetrics and gynecology. According to the authors of the article, the passage
of Proposition 46 in California would set a national precedent that may inspire
similar ballot measures in other states.
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