Calif. ballot measure would mandate physician drug tests

If it passes in November, a California ballot measure would make the state the first in the nation to require drug testing for physicians. The requirement is part of Proposition 46 and represents a new twist in a decades-old fight to raise the cap for some damages in medical malpractice lawsuits. The measure would force physicians to be drug tested on a random basis. They would also be tested if a patient in their care suffers an adverse event, including avoidable complications or death from a medication error. The proposition also raises the state’s cap on non-economic damages, such as pain and suffering, for successful malpractice suits. The cap would rise to $1.1 million from the current maximum of $250,000. The measure would also require physicians to check a database when prescribing certain drugs--such as painkillers--to prevent abuse, and it would force physicians to be drug tested on a random basis.

More than 30 states cap noneconomic damages for medical malpractice, according to the National Conference of State Legislatures. Nearly every state has a database that tracks prescription information for certain controlled substances, although only a few (including Kentucky, New York, Tennessee and Virginia) require physicians to use them. However, a statewide drug testing policy for physicians would be a first, according to industry experts.

Source: e.Republic