DVLA and Sleep Apnea

Hi

I have been using a CPAP machine for about three years now, supplied on loan by the NHS hospital.

For various reasons I would like to disengage from the hospital and purchase my own machine. The DVLA is already aware of my condition.

Am I right in thinking that the onus is on me (with my GP) to inform the DVLa should my condition deteriorate to the point of not being able to drive. At the moment it is fine, so I can just carry on as normal using my machine till this changes.

BTW - does the NHS have a legal right to advise the NHS if I am not compliant with the requirement (e.g. 4 hours use) or any other condition. Likewise does the DVLA have the right to request anything from the NHS without my consent? In any case if I am not under the NHS what can the DVLA do?

I have no intention of not being compliment, just I don't want to be under the NHS.

I look forward to the opinion of other forum members.

If you could identify what country you live in and what problems you are having,
someone here would better understand your situation.

If you're in the UK, there are some members here from there, but not a huge number, so we're not that familiar with how the NHS works and don't really know what DVLA means, let alone how it works either. A little more info would help as most of us are in the US or Canada.

Hi everybody,

I live in the UK, and I've been on APAP for nearly five years now. I've learned a lot from this forum - today is the first time I've posted.

Please note: The following was added today, 28 November, 2016. The information I gave back in December, 2015 is out of date, and I have amended it today in case anyone comes across this post via the search facility.

Hi Incartek,

1. If you say, "The DVLA [or Driver and Vehicle Licensing Agency] is already aware of my condition," and if you imply that you're driving, that to me says:

(a) that you've been through the paperwork process before, and
(b) that you've had treatment, and
(c) that your NHS consultant was satisfied with you, and
(d) he or she has said you're safe to drive, and
(e) that you have since been given your licence back.

I hope all that's correct.

2. You say, "Am I right in thinking the onus is on me ... should my condition deteriorate?"

It still is on you, but the situation has changed. The (British) General Medical Council now tells doctors that they must also inform the Agency if a patient is unfit to drive. So now the onus is on both you and your doctor.

Following on from that, when you say, "Does the NHS have a legal right to advise the NHS [presumably you meant the DVLA ] if I am not compliant with the requirement?" the answer is: yes, now they have both the right and the obligation.

3. You say, "Does the DVLA have the right to request anything from the NHS without my consent?"

If by "anything" you mean information from your medical records and any medical opinion they have about you, the answer is: yes.

When you informed the Agency before - see point #1 - that you had sleep apnea, one of the forms they would have sent you - and which I presume you filled in and signed - see point 1(b) - was a release, giving the Agency permission to access your medical records.

And AFAIK, that permission still applies in the present, and extends into future. And it covers any doctor, NHS or private.

4. You say, "If I am not under the NHS, what can the DVLA do?"

The GMC ruling applies to all doctors. So even a private doctor is obliged to inform the Agency.

5. Lastly, if you do "disengage" from the hospital, and if you buy your own machine from the UK subsiduary of either of the two major manufacturers (Philips Respironics and ResMed), then you will need a prescription, and some doctor to sign it.

Incartek wrote: should my condition deteriorate to the point of not being able to drive.

Why not continue to keep your sleep apnea under control with CPAP and never get to the point you are talking about?

Do you know there are some software tools you can use to monitor your condition and your CPAP effectiveness?

I see no reason to anticipate "deterioration".