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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 Walt Service on
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If the citizens of the State (s) in ? are in favor of this, I'm all for it. What worries me is due to interstate traffic, is the Feds getting their fingers into it.
I have seen MDs notify state offices (via the legal depts of their hospitals) that Jane or John Doe needs to be on cpap in order to lessen their EDS. It is quite "big brother-ish" though isn't it??? First its: "Are you using your cpap 6 hrs a night?" , then it's a slippery slope to "We don't want you listening to certain radio stations while you drive." Scary poop....
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Permalink Reply by Judy on
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My understanding is that a few states have fairly recently passed laws REQUIRING doctors to report non-compliance of ANY currently licensed driver. Having had our oldest daughter killed by a drunk driver, frankly, I'm not all that much against such a law. Other than the fact that, like you, Walt, I also see the slippery slope. Gads! We almost actually agree on some politics!!! Be still my heart! *wicked grin*
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Permalink Reply by Tim on
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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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It's going to snow :)
Judy said:My understanding is that a few states have fairly recently passed laws REQUIRING doctors to report non-compliance of ANY currently licensed driver. Having had our oldest daughter killed by a drunk driver, frankly, I'm not all that much against such a law. Other than the fact that, like you, Walt, I also see the slippery slope. Gads! We almost actually agree on some politics!!! Be still my heart! *wicked grin*
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Read the exceptions in HIPAA. *sigh* HIPAA not only gave us federally mandated legal rights to our own medical records, like the Patriot Act (patriot! hmphf) it also gave the government and law enforcement agencies more legal rights to our medical records.
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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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Permalink Reply by RockRpsgt on
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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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I can understand a doctor divulging a patients medical information if governmental agencies ask for it properly (I don't necessarily agree with it) or if they produce a subpoena (OK). I don't understand compelling a doctor to provide medical record information without a request for the records of a specific patient.
It is weird, I am a UNIX sys admin for a company that has to be HIPPA compliant -- and I have to jump through some major security hoops, including using NIST approved encryption libraries for transmitting data between machines. At the same time, doctors are compelled to report patient identifiable medical record information to state agencies.
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Permalink Reply by Mary Z on
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I understand that uncontrolled narcolepsy can result in revocation of a drivers license, but these would be people not helped by available stimulant drugs. I was told a couple of months ago to stop driving and surrender my license due to getting lost. I did neither because I did not consider myself a threat to other drivers (no near misses or other issues). Since I have driven with my roommate who finds my driving completely satisfactory I plan to have her plead my case to my neuro next time I see him.Though I do not drive when I feel unsafe. . And there are the elderly who plainly cannot drive, yet continue to do so. We encountered a woman the other day who was clearly not competant behind the wheel, Bonnie got her daugters phone number and called her. Seems as if they had been trying to take her keys for sometime without success (or maybe they had just been reasoning with her, which she promptly forgot or ignored).
I agree this is a slippery slope. So many accidents happen because of cell phones, and plain sleepy drivers, to single out non compliant CPAP patients without a MSLT or another test, doesn't seem fair.
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When I was still delivering mail I used to frequently meet up w/an elderly couple. She was always just creeping along and would stop until I passed her. It was a narrow really rural road, paved, but w/decent size ditches on each side. But I was absolutely FLABBERGASTED one day to pull up to a stop sign on one of our busy state highways just up from the busiest district in town w/traffic lined up as far back as the eye could see. Because the road had a good wide shoulder which is where the mailboxes are along the route after seeing how long the line of traffic was and having a schedule to maintain I turned onto the shoulder and continued delivering my mail. Lo and behold! There was that little ole lady leading "the parade" of backed up traffic!!! I couldn't believe she actually had the nerve to drive on that highway and WHY she didn't stay on the back roads into town!!!! The traffic was backed up just over a mile!
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