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Testing for Drug Use, Part 2: Legal, Social, and Ethical Concerns

NCJ Number
156826
Journal
American Journal of Hospital Pharmacy Volume: 45 Issue: 7 Dated: (July 1988) Pages: 1509-1522
Author(s)
M Montagne; C B Pugh; J L Fink III
Date Published
1988
Length
14 pages
Annotation
This analysis of the legal, social, and ethical issues related to testing and screening for drug use focuses on specific issues and the ways that courts have dealt with them in the context of specific drug testing cases.
Abstract
Cases have involved search and seizure, the right to privacy, self-incrimination, due process, equal protection, collective bargaining, drug use as a handicap, public versus private employers, employees versus job applicants, and the admissibility of evidence. The main stated justification for determine drug use is the effect that it might have on an individual's behavior. However, it is difficult to determine the level at which impairment becomes important or relevant. Drunk driving programs are guided by the deterrence model, although the use of roadblocks and random sobriety checkpoints have produced mixed results. these deterrence programs have little impact on the drinking behaviors of individuals. The actual benefits and implications of other drug testing and screening programs have not been assessed in detail. Among social, behavioral, and ethical issues that should also be considered are the reactions and responses of those tested, political influences on decisions abut these programs, the costs of drug testing programs, and whether drug testing is an appropriate method of social control. The current interest in drug testing results mainly from technological advances in testing and screening and has resulted in less attention to other approaches to controlling drug use. The greatest error is the tendency to think that a single method will solve a complex problem. Further research on the nature and extent of the problems and their impact on society is needed. 195 references

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