DRUG-TESTING DEBATE SHIFTS TO MU

Attorney Argues With New Policy.

Students enrolling in medical programs at the University of Missouri
this fall were required to take drug tests - a new mandate one local
attorney says is unconstitutional.

To make his point, attorney Dan Viets cites Linn State Technical
College's attempt to screen its students this year. A U.S. district
judge last week issued a preliminary injunction blocking those tests
and warned the public college that she doesn't think the requirement
passes constitutional muster.

Viets, a Columbia attorney, filed a statement in the case on behalf
of Students for Sensible Drug Policies. He is now looking for a
plaintiff to challenge MU's new policy.

The MU School of Medicine and School of Nursing implemented the
14-panel urine drug tests this year, requiring students to take the
tests during a weeklong orientation before school started, said
Alison Martin, director of admissions for the School of Medicine.
Because medical students work in clinical settings, the goal was to
align policies with MU Health Care's, she said.

MU hospital and clinic workers, including physicians and
administrators, have been required to take pre-employment drug tests
since 2004, spokeswoman Mary Jenkins said.

Asked about the Linn State legal challenge, Martin said, "It feels
like apples and oranges. ... We certainly value our relationship with
the hospitals and clinics and want to do what we can to ensure the
health and safety of patients."

Linn State officials also cited safety as a factor in their decision
to begin drug-testing. The college offers programs that involve
hands-on work such as engine repair and aircraft maintenance.

Viets argues that drug-testing does nothing to ensure safety. Unlike
breath tests that capture whether an individual is intoxicated at a
point in time, drug tests don't accurately reflect a person's current
condition, he said.

"It makes no more sense than to test someone to see whether you drank
a beer a month ago," Viets said. "Certainly folks who run the medical
school ought to understand that drug tests have nothing to do with
the ability to work safely and productively. It's a sham, a PR gimmick."

Viets also questions whether MU Health's employee drug tests are
legal, considering the entity is a public institution. Courts have
historically ruled that public employees should not be drug-tested
unless there's a special need.

"I confess there might be a chance of a court upholding drug-testing
of doctors," he said. "But I don't think a court would hold that
there's a special need to drug-test janitors" at a public hospital.