Q: If I didn’t ask for a drug test of an injured employee but the doctor did one, can I still use that in making an employment decision? 

A: Yes, in general. Iowa Code 730.5, a very specific drug testing statute, does allow an employer to use a drug or alcohol test which was obtained as part of treatment to make an employment decision. However, the test cannot be a test which was requested by the employer but was for treatment purposes only. 730.5 does not allow employers to require the draw of blood for drug or alcohol testing and many of the provider tests are blood draws. This section of the statute allows employers to use those test results only if they did not order or encourage the test.