Sleep Apnea - Can your Drivers License be revoked??

[metsfan302]

I overheard two people talking in my Dr's office that her friend had her drivers license suspended for being non compliant. Is that even possible?!

I did a google search and mostly UK stuff and CDL licenses came up.

I understand if you have caused an accident etc but just to get it suspended/revoked cause you have OSA/etc... ??

[AlabamaAl]

I am not aware of any state that suspends non commercial driver's licenses for non compliance, but I would not be surprised if some of the states start doing so.

Untreated sleep apnea is not only a danger to the sufferer, but also to every driver on the road.

[JimP]

I overheard two people talking in my Dr's office that her friend had her drivers license suspended for being non compliant. Is that even possible?!

I did a google search and mostly UK stuff and CDL licenses came up.

I understand if you have caused an accident etc but just to get it suspended/revoked cause you have OSA/etc... ??

As you said...having sleep apnea and NOT being compliant.

Do you really have to kill someone first before having your drivers license suspended?

[49er]

I overheard two people talking in my Dr's office that her friend had her drivers license suspended for being non compliant. Is that even possible?!

I did a google search and mostly UK stuff and CDL licenses came up.

I understand if you have caused an accident etc but just to get it suspended/revoked cause you have OSA/etc... ??

Could it possibly be the friend had reported either getting in an accident or a near miss to the doctor and he/she reported it to the DMV? Or the doc suggested that this person limit her/his driving and the he/she wasn't going to comply so the doctor again reported the person to the DMV.

If that isn't the case and the DMV is doing this, frankly, that opens up a whole other can of worms since medical information is supposed to be confidential right? And if that is going on, then where should the line be drawn?

Should we prevent people from driving who are supposedly compliant with their medical treatment but have to take meds that cause drowsiness while driving? And what about untreated diabetes, high blood pressure as that may cause accidents? And what about folks who are completely compliant with their treatment and still suffer from big time excess sleepiness that may impact their driving?

And of course, if people fear being reported to the DMV, that will really encourage them to get treatment .

49er

[cancun]

I overheard two people talking in my Dr's office that her friend had her drivers license suspended for being non compliant. Is that even possible?!

I did a google search and mostly UK stuff and CDL licenses came up.

I understand if you have caused an accident etc but just to get it suspended/revoked cause you have OSA/etc... ??

Of course it is possible, I was falling asleep driving all the time and a good percentage of my job involves driving. When that first began I actually did not have any apnea but my doctor was threatening to have my license suspended but instead just took me out of work for several months while we tried to find the reason for my falling asleep behind the wheel. I was grateful for her doing that as I surely did not want to hurt an innocent percent and there was no rhyme or reason for my dozing off. It should not apply to just CDL drivers.

[AcedDublB]

There was an article in the Toronto Star about one month ago where the Doctor reported his patient to our Ministry of Transportation and her Drivers Licence was revoked.

It took him a very considerable effort and time to get it re-instated.

Unfortunately the pertinent details on his medical apnea situation were not mentioned.

Certainly scared me.

[flightco]

Can doctors in the US actually report your medical history to the DMV; I thought that was similar to client privilege with attorneys - but just an assumption, not something I have knowledge about.

[49er]

Can doctors in the US actually report your medical history to the DMV; I thought that was similar to client privilege with attorneys - but just an assumption, not something I have knowledge about.

Hi flightco,

I just saw a website on this issue which unfortunately, I now can't find. I believe it said that if a doctor reports someone as being a dangerous driver to the DMV due to a medical condition that it is not in conflict with HIPPA rules which govern patient confidentiality issues. Unfortunately, I can't remember the reasoning.

49er

[Pugsy]

Here in the US a driver losing his drivers license because of sleep apnea being untreated is most likely related to professional truck drivers and their CDL license.
There is no such requirement for proof of therapy for us regular drivers.
For drivers who maintain a CDL...they have to prove not only that they are "compliant" in terms of hours of use but that the therapy is also effective.

Since CDL licenses are tied to the "medical card" that truck drivers also have to pass...it's that medical card that causes the problem. If you can't get a current medical card then you can't get your CDL...and sleep apnea isn't the only snafu potential in getting that medical card. It could also happen with untreated or not well managed other health conditions besides sleep apnea.

But if a truck driver was sitting in a sleep docs office...and talking about losing his license...he lost his medical card which means he also lost his CDL and he's there to get the situation remedied because proof of effective therapy and hours of use from a sleep doc is going to be needed.
Whomever is the DOT doc for the driver...won't sign off on the medical card until effective therapy is proven and that is why the driver was there...get it done...whether it was hours of use or effective therapy proof.

[OkyDoky]

Here in the US a driver losing his drivers license because of sleep apnea being untreated is most likely related to professional truck drivers and their CDL license.
There is no such requirement for proof of therapy for us regular drivers.
For drivers who maintain a CDL...they have to prove not only that they are "compliant" in terms of hours of use but that the therapy is also effective.

Since CDL licenses are tied to the "medical card" that truck drivers also have to pass...it's that medical card that causes the problem. If you can't get a current medical card then you can't get your CDL...and sleep apnea isn't the only snafu potential in getting that medical card. It could also happen with untreated or not well managed other health conditions besides sleep apnea.

But if a truck driver was sitting in a sleep docs office...and talking about losing his license...he lost his medical card which means he also lost his CDL and he's there to get the situation remedied because proof of effective therapy and hours of use from a sleep doc is going to be needed.
Whomever is the DOT doc for the driver...won't sign off on the medical card until effective therapy is proven and that is why the driver was there...get it done...whether it was hours of use or effective therapy proof.

Also local school bus drivers have CDL's. So it can affect a lot of people. It just started to be enforced a couple of years ago so you will probably be hearing more about it.

[Janknitz]

http://www.cmanet.org/m/news/detail.dT/ ... a-patients

California requires physicians to report impaired drivers and protects them from liability for doing so. Note that sleep apnea is on that list.

The report does not directly cause loss of driving privelege, that is a call for the DMV to make after examination of the individual. Seizures will almost always result in a suspension of driving privelege, but other issues may or may not.

In reality, doctors are very reluctant to report. This can have serious consequences--eg failing to report dementia patients with severe cognitive impairment. In our own county there have been a few deaths attributed to drivers with severe dementia. I work with families often trying to care for cognitively impaired elders and doctors sometimes will not take the legally mandated steps to report to the DMV. This is very frustrating when families are trying to keep their loved ones and others safe.

Often people go through the somewhat perfunctory DMV examination and get their licenses back when they are clearly not safe on the road. But it's better (somewhat) that it's DMV's call and not the physician's. Some good doctors tell their patients not to drive DESPITE the DMV's ok and thus can work if the patient has good rapport with the Doctor (and will remember what the doctor said). Sometimes families have to hide keys or disable vehicles to keep their loved one safe.

If you have apnea that is severe enough to cause you to fall asleep at the wheel, your doctor SHOULD report you if you are not compliant. Your life is precious enough, but consider the harm you can do to others. There is really no excuse.

[Pugsy]

Also local school bus drivers have CDL's. So it can affect a lot of people.

Yeah...it's anyone who has to have a CDL license and medical card. Doesn't have to be over the road truck driver...could be anyone whose job requires CDL.
DOT has put some teeth into the medical requirements too. Gone are doctors that advertise as "driver friendly" and the docs that are officially okayed to do medical cards aren't going to fudge on the cards for drivers anymore. They don't want to lose the privilege (and income) from doing those physicals.
It used to be that any doc could sign off on a medical card but it isn't that way now.

[Sonnyboy]

I don't believe "apnea diagnosis" or "cpap noncompliance" triggers an MD report for noncommercial drivers. I believe when the doctor is aware of signs, symptoms, and/or actual described situations indicating possible/likely impaired driving that a report is required.
State laws may vary.

http://practicemanagementdaily.com/qa-d ... ciousness/


California Health & Safety Code section 103900 requires physicians to report patients 14 years of age or older who have been diagnosed with a condition that results in lapses of consciousness, episodes of confusion, or dementia. The physician’s report goes first to the local health officer before it is then forwarded to the DMV. To report, the physician should use the Confidential Morbidity reporting form found at the California Department of Public Health website. The DMV is required to investigate the patient’s capabilities and make a determination about the patient’s license status.

What are the disorders/conditions that require reporting?

Disorders characterized by lapses of consciousness are based upon “existing clinical standards and shall include Alzheimer’s disease and those related disorders that are severe enough to be likely to impair a person’s ability to safely operate a motor vehicle. . . .“ The related disorders include seizure disorders, brain tumors, narcolepsy, sleep apnea, and other abnormal metabolic states, including hypoglycemia or hyperglycemia associated with diabetes. They also include conditions with “a marked reduction of alertness or responsiveness to external stimuli” and the inability to perform one or more activities of daily living, thus explaining why Alzheimer’s and related disorders are on the list.

[metsfan302]

Lots of info I was not aware of for sure!

[Midnight Strangler]

You don't have to be a doctor in most states. I called DMV on an elderly (81) widow. It took about eight weeks, but they called her in for a driving exam and suspended her license.

(As a side note: Her daughter lived out of state. My wife and I worked long distance with the daughter, listed and sold her house and got her moved into an assisted living facility. We even contracted with a guy to do an estate sale and clean the house out. This was a lot of work and if we weren't retired, I am not sure how we would have gotten it done.

It was assumed she had dementia, but I was suspicious she had OSA. When my wife visits her at the facility (nursing home now), she usually finds her asleep in a chair, snoring away. We have mentioned OSA to the staff many times. No one is interested in doing anything. I don't think she will be alive in two years, and she is not enjoying her last years.)