Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

Drug testing doctors: Will Californians see through the smoke?

Michael Kirsch, MD
Physician
August 16, 2014
Share
Tweet
Share

California is contemplating requiring physicians to submit to alcohol and drug testing.   Citizens there will be voting on this proposal this November. I do think that the public is entitled to be treated by physicians who are unimpaired.  Physicians, as members of the human species, have the same vices and frailties as the rest of us.

I have no objection to this new requirement, if it passes. This will not be a stand-alone proposal on the ballot, but is a part of the ballot initiative.   Why would trial lawyers in the Golden State want to include it?  The meat of their ballot effort is to reverse effective tort reform that had been in place there for several years.

Sure, there are always two or more sides to every issue.  But, when the different points of view here are fairly weighed, trial lawyers’ self-serving positions are overtaken.  They offer a different spin, of course.  While I acknowledge the validity of some of their arguments, I believe that the system they advocate helps very few at the expense of many more innocents.

The California ballot initiative aims to increase the financial cap for a medical malpractice award from $250,000 to $1.1 million.   Trial lawyers and other supporters were concerned that the public may reject raising the cap as they have been enjoying the benefits of tort reform.   Focus groups supported the notion that the public would find the drug and alcohol testing proposal appealing, which would raise the probability of passage of the bill.

There’s nothing evil about any of this.  Every player in every issue uses polling and focus groups to create and tailor their message.   (Ever notice how politicians claim they never read polls whenever poll results are against them or their positions?)   I’m sure that the insurance companies who champion tort reform are using the same techniques to manage their message.

But, voters there and the rest of us should recognize why the drug and alcohol provision is included.  It was just a spoonful of sugar to make the legal medicine go down.  Why not just include the medical malpractice vote on the ballot by itself?  We’ve seen our politicians use this same technique over and over again.  Add a popular poison-pill provision to an unpopular piece of legislation.  When it’s properly voted down, criticize those who voted against it by pointing out their opposition to the unassailable add-on provision.  Follow this example.

Legislator A: I am adding an amendment to the quadruple the minimum wage bill that would give all veterans and their families free first class seating on all domestic flights.

Legislator B:  I am voting against the bill because I think that quadrupling the minimum wage is bad economic policy.

Legislator A:  Shame on Legislator A for trashing our veterans who have sacrificed so much for this country.

Should other professions be subjected to random drug and alcohol testing?  Which would you suggest?

Will Californians see through the smoke here?   We’ll find out this November.

Michael Kirsch is a gastroenterologist who blogs at MD Whistleblower. 

Prev

Bring your daughter to work: A reminder of what's important in medicine

August 16, 2014 Kevin 2
…
Next

MKSAP: 19-year-old man with a sore throat

August 17, 2014 Kevin 1
…

ADVERTISEMENT

Tagged as: Malpractice

Post navigation

< Previous Post
Bring your daughter to work: A reminder of what's important in medicine
Next Post >
MKSAP: 19-year-old man with a sore throat

ADVERTISEMENT

More by Michael Kirsch, MD

  • Are Ozempic patients on a slow-moving runaway train?

    Michael Kirsch, MD
  • AI-driven diagnostics and beyond

    Michael Kirsch, MD
  • The surprising truth behind virtual visits

    Michael Kirsch, MD

More in Physician

  • Complicity vs. protest: a doctor’s choice

    Patrick Hudson, MD
  • When cancer costs too much: Why financial toxicity deserves a place in clinical conversations

    Yousuf Zafar, MD
  • The hidden rewards of a primary care career

    Jerina Gani, MD, MPH
  • Why doctors regret specialty choices in their 30s

    Jeremiah J. Whittington, MD
  • 10 hard truths about practicing medicine they don’t teach in school

    Steven Goldsmith, MD
  • How I learned to love my unique name as a doctor

    Zoran Naumovski, MD
  • Most Popular

  • Past Week

    • Why doctors must fight for a just health care system

      Alankrita Olson, MD, MPH & Ashley Duhon, MD & Toby Terwilliger, MD | Policy
    • The human case for preserving the nipple after mastectomy

      Thomas Amburn, MD | Conditions
    • Nuclear verdicts and rising costs: How inflation is reshaping medical malpractice claims

      Robert E. White, Jr. & The Doctors Company | Policy
    • IMGs are the future of U.S. primary care

      Adam Brandon Bondoc, MD | Physician
    • What is a varicocele and how does it affect fertility?

      Martina Ambardjieva, MD, PhD | Conditions
    • Why I left the clinic to lead health care from the inside

      Vandana Maurya, MHA | Conditions
  • Past 6 Months

    • Health equity in Inland Southern California requires urgent action

      Vishruth Nagam | Policy
    • How restrictive opioid policies worsen the crisis

      Kayvan Haddadan, MD | Physician
    • Why primary care needs better dermatology training

      Alex Siauw | Conditions
    • Why pain doctors face unfair scrutiny and harsh penalties in California

      Kayvan Haddadan, MD | Physician
    • How a doctor defied a hurricane to save a life

      Dharam Persaud-Sharma, MD, PhD | Physician
    • What street medicine taught me about healing

      Alina Kang | Education
  • Recent Posts

    • What is a varicocele and how does it affect fertility?

      Martina Ambardjieva, MD, PhD | Conditions
    • How profit-driven hospitals fail long-term patient care

      John Corsino, DPT | Conditions
    • Complicity vs. protest: a doctor’s choice

      Patrick Hudson, MD | Physician
    • How physician burnout and system reform are shaping the future of U.S. health care

      Irim Salik, MD | Policy
    • How nature is inspiring the future of pain medicine

      Varun Mangal | Conditions
    • Why doctors must fight for a just health care system

      Alankrita Olson, MD, MPH & Ashley Duhon, MD & Toby Terwilliger, MD | Policy

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 67 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

ADVERTISEMENT

  • Most Popular

  • Past Week

    • Why doctors must fight for a just health care system

      Alankrita Olson, MD, MPH & Ashley Duhon, MD & Toby Terwilliger, MD | Policy
    • The human case for preserving the nipple after mastectomy

      Thomas Amburn, MD | Conditions
    • Nuclear verdicts and rising costs: How inflation is reshaping medical malpractice claims

      Robert E. White, Jr. & The Doctors Company | Policy
    • IMGs are the future of U.S. primary care

      Adam Brandon Bondoc, MD | Physician
    • What is a varicocele and how does it affect fertility?

      Martina Ambardjieva, MD, PhD | Conditions
    • Why I left the clinic to lead health care from the inside

      Vandana Maurya, MHA | Conditions
  • Past 6 Months

    • Health equity in Inland Southern California requires urgent action

      Vishruth Nagam | Policy
    • How restrictive opioid policies worsen the crisis

      Kayvan Haddadan, MD | Physician
    • Why primary care needs better dermatology training

      Alex Siauw | Conditions
    • Why pain doctors face unfair scrutiny and harsh penalties in California

      Kayvan Haddadan, MD | Physician
    • How a doctor defied a hurricane to save a life

      Dharam Persaud-Sharma, MD, PhD | Physician
    • What street medicine taught me about healing

      Alina Kang | Education
  • Recent Posts

    • What is a varicocele and how does it affect fertility?

      Martina Ambardjieva, MD, PhD | Conditions
    • How profit-driven hospitals fail long-term patient care

      John Corsino, DPT | Conditions
    • Complicity vs. protest: a doctor’s choice

      Patrick Hudson, MD | Physician
    • How physician burnout and system reform are shaping the future of U.S. health care

      Irim Salik, MD | Policy
    • How nature is inspiring the future of pain medicine

      Varun Mangal | Conditions
    • Why doctors must fight for a just health care system

      Alankrita Olson, MD, MPH & Ashley Duhon, MD & Toby Terwilliger, MD | Policy

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

Drug testing doctors: Will Californians see through the smoke?
67 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...