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Noncompliance with CPAP therapy could mean driver's license revocation!
I recently attended a local A.W.A.K.E support group meeting at which there was a short discussion by sleep techs indicating that some M.D.s were notifying state authorities regarding patients who were noncompliant with their CPAP therapy. This was expected and intended to result in driver's licenses being revoked.
I had not heard of this before, and wondered if anyone else had. I am not referring to Dept. of Transportation regulated drivers, but to regular citizens with regular licenses. This was similar to doctor authorization for people with seizures being cleared for driving or not. I expect this type of law or action would vary from state to state.
I wonder if the laws, as they already are, cover this or if this will be fought in the courts for further definition over time. It seemed a bit extreme to me, but I think there could be individual cases in which it might be appropriate. I think it would be unusual for a doctor to take this type of step, as there would be many considerations involved.
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Replies to This Discussion
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Permalink Reply by RockRpsgt on
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It my experience with the trucking industry it has been the individual companies that have held the drivers responsible. Companies like Schneider, and Swift have set up the sleep study at no cost to the drivers. These companies are holding the drivers responsible for compliance. Noncompliance means no job. They are paying for everything so they should have that right.
I do not see this as being any different than any other dangerous medical disorder. A blind man can't drive anymore than a dimentia pt. We do not get upset when doctors pull the licenses of these people. No one is more qualified than a doctor to pull or maintain rights that our in conflict with medical disorders.
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Permalink Reply by Banyon on
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"I recently attended a local A.W.A.K.E support group meeting at which there was a short discussion by sleep techs indicating that some M.D.s were notifying state authorities regarding patients who were noncompliant with their CPAP therapy. This was expected and intended to result in driver's licenses being revoked."
Governments fail to consider unintended consequences. If what is reported above is true, there will be many unintended consequences. The first that comes to mind goes like this. Bill tells all of his friends he lost his driver's license because he wasn't using his CPAP. Several of his friends have suspected they have sleep apnea. They now resolve never to let a doctor know about any of their symptoms because they don't want to do something that could eventually lead to driver's license revocation. This scenario is repeated all over the state. So more and more people avoid diagnosis and drive in a zombie-like state.
And BTW, Bill has to earn a living and can't get to work without driving. Since he doesn't have a license he can't get insurance. So he is driving without a license and he is driving without insurance.
Then there is the doctor that turned Bill in. Word gets around and his patients avoid him.
#$^&*#%
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Permalink Reply by Walt Service on
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Please tell us Rock how the Patriot Act (as pathic as it was) included non-compliance with medical treatements and/or MD-patient secret/private infomation....? With Obama-care the gap between what the gov knows about your private medical care/conditions are much less private...
That being said the Feds can check out my prostate checks seeing how they keep *&%$^ing me... :)
Rock Hinkle said:That has nothing to do with Obamacare Walt and you know it. How soon we forget the Patriot Act. No information is safe anymore.
Walt Service said:Anyone who shouldn't be driving would be nice to have taken on the highways...but who does the deciding of why a person should be taken off? More scary poop.
And anyone to really thinks their medical records are safe....well...I've got a bridge or two to sell to you. The days where information is kept between patient and MD are close to being gone esp with the Obama-care..but I'm going off topic.
Tim said:I find it odd that a state's law could trump federal laws regarding release of medical records. Although I would love to see people with sleep apnea who are non-complaint taken off of the road; involuntarily divulging a patient's medical records is WAY wrong..
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Comeon...proof of compliance is just that=proof of compliance; it's not "nothing".... I think we should single out groups that still have Kerry/Edwards bumper stickers on their cars.....
j n k said:Utter silliness.
Proof of compliance is proof of nothing. The mask could be leaking enough to make therapy more damaging than good. The person could always wear it while awake and not get any sleep at all. The pressure could be wrong.
Proof of efficacy, now THAT might be worth something. Maybe. But that would mean every machine would have to have leak and efficacy data, wouldn't it?
If things get too strict on the driving thing, the results will be twofold. (1) People will stop getting sleep tests for fear they will lose their license, and (2) people will stop being honest on their Epworth scores.
Driving sleepy should be a crime for everyone, right?. So why not simply pass a law saying that every single person in the US with a license is required to prove he or she got a certain amount of effective sleep during the last several nights before it is legal for him or her to drive on any given day? Because that would be stupid and unenforceable, you say? Well, there you go. I agree with you. The same is true if you single out any one group of people, too.
jeff
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Permalink Reply by Tim on
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I think that drivers should be required to get a physical and have the doctor certify that the person is medically qualified to drive. It is not a violation of privacy and it would help screen out drivers that have health problems that would endanger others.
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Permalink Reply by Sleepgs on
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CPAP Is the best but if you can use it I suggggggest you look into Dental Oral Appliance.
I dont think DOT ruled it yet, they are looking at it and it will start with truck drivers. If you dont use your CPAP look for a dentist in your area www.dentalsleepclinics.com just tell them you got the info from Sleep Group Solutions :)
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Permalink Reply by Sally Harriman on
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I live in Maine and we have the same law. I found this out after I returned a machine. I then got a letter from my respiratory guy saying that very thing. He said he would have to report me for non compliance....I think it's ridiculous!. I have never fallen asleep driving..fallen asleep at a stop light, fallen asleep during a conversation...etc etc...
You are right about in some cases it might be the safe thing but..I had to answer a half dozen questions several times about sleep habits so it seems to me that they would take that into consideration.
Do they have "SLEEP POLICE " now lol.
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