Apnea and the Canadian Law ???

housecoatman · Post by **housecoatman** » Thu Mar 15, 2007 2:56 pm

I live in Toronto Ontario Canada.

Last year when I went for my sleep study, I was asked to sign a form agreeing to understand that if I was diagnosed with sleep apnea that the Doctor was obligated to notify the D.O.C. Ministry of Transportation.

Does anyone know what this is all about and how will it effect my drivers license ?

Has anyone lost their license because of Sleep Apnea ???

Thanks

Ron Thorpe

Slinky · Post by **Slinky** » Thu Mar 15, 2007 3:02 pm

I would think that as long as your data shows compliance it shouldn't be a problem. And if your data did show compliance but still inadequate response there might be some "liability" on your ordering doctor if he didn't have proof of following up on, and actions to improving your pressures and scripted therapy.

sharon1965 · Post by **sharon1965** » Thu Mar 15, 2007 3:13 pm

ron

i read your post with great surprise! i live in windsor and did not have the same experience...same province, same rules, no? my friend was having problems with his long term disability coverage (he was out of work for 6 months, he was in such bad condition from osa) and asked our sleep doc to revoke his license to support his case; the doc said, 'no way am i doing that, you'll never get it back!' but again, that was not my experience, either...same sleep doc, but he never even mentioned such a thing to me

please update on this, i'm very curious

sharon1965

(p.s. say hi to T.O. for me)

Julie · Post by **Julie** » Thu Mar 15, 2007 5:43 pm

Hi from someone who worked in T.O. for years with neurologists... the guys who see to it that your license is either revoked (in clearcut cases of diagnosed incompetence, such as might follow a serious stroke, or unmanageable epilepsy), or monitored by your having to see MD's who assess your competence during actual driving tests (not the standard ones) where they check your vision, hearing, ability e.g. to turn your head enough for safety in checking blind spots, etc., as well as general fitness and physical ability to carry out driving manoeuvers. They must comply with certain rules of either pulling your license, or at least reporting your condition, or their own license will be pulled (their medical one), or some such awful thing, but they can also use their own judgment as in the above case, and if an MD reports you and you feel it was unfair, you can always apply to the College of Physicians for either a better understanding or an investigation.

northerlights · Post by **northerlights** » Thu Mar 15, 2007 5:54 pm

Hi:

I also was diagnosed last March/06. I also live in Toronto, and I was not asked to sign any such form. Must be up to the doctor's discretion.

Best of Luck!

Steve

Doodeedoo · Post by **Doodeedoo** » Thu Mar 15, 2007 6:27 pm

I also live in the Greater Toronto Area. The sleep doctor has never mentioned anything related to this and I was not asked to sign any forms to that effect.

Best of luck,

David

Wistful · Post by **Wistful** » Thu Mar 15, 2007 6:51 pm

I live in Montreal and have heard of cases where Ontario apneacs who were not complying with their treatment lost their licences. I think that is horrible, actually, as compliance is not so easy (as many of us can attest too) and there are so many people who drive tired and know it. Wouldn't it be nice if they put in that energy into helping us comply, rather than punishing?

dudley_doright · Post by **dudley_doright** » Thu Mar 15, 2007 7:24 pm

I live in Toronto and I have an experienced with this. A few days ago my doctor secretary called me and he want me to call him back urgently. At first I thought it was something to do with my wife mammogram. I was told to come in and not to wait any longer. This is the same doctor that was never known for being urgent or even concern. I came in this afternoon and I asked if it was my wife results and he said the appointment is about the sleep study that I took a month ago. This is the same doctor that didn't want me to take the test when I was asking for it. He said that I need to sign the form that he will need to send to MTO. I asked why it was needed, and he said it has something to do with liability. His liability!
He said that if I have apnea and if he didn't report it and I got into an accident, he could be sued for not declaring it when he knew that I have the illness. He assured me that my license will not be taken away but I will have to report back to be tested every 6 months to a year. I am not worried about the MTO, I am more worried about the gouging insurance company using it to raise my already high premium.
Anyone know if this could happen?

Slinky · Post by **Slinky** » Thu Mar 15, 2007 8:21 pm

About insurance raising rates, I don't know. And, since I live in a very rural area I appreciate the need for the ability and privilege of having a valid drivers license.

BUT - untreated apneacs KILL. Not all of them, anymore than all drunks kill. Until your apnea therapy is successful and you are totally compliant STAY OFF THE ROAD and don't get behind the wheel of a vehicle. You may not be lucky and kill yourself - BUT - YOU MIGHT kill someone's child or parent or sibling ....

housecoatman · Post by **housecoatman** » Thu Mar 15, 2007 9:33 pm

Thanks to all who have replied so far.

I see one other person has had the same request as me about signing a form for the MTO.

It seems strange that some people living in the GTA and other cities in Ontario, are required to sign forms and others are not.

I guess it just depends on the Doctor you choose.

Lets see if any other people reply to this query. I sure would like to find out what the legality is for certain.

If anybody has been contacted by the MTO for their problem with APNEA please respond. I think we would all like to know where we stand on this.

Julie · Post by **Julie** » Fri Mar 16, 2007 4:10 am

I would get in touch with the College because if MD's are ignorantly reporting you, maybe someone needs a wake-up call. They may BELIEVE it's necessary, but if it's not, I'd sure like to know about it (apnea wasn't a factor when I worked there over 10 yrs ago) so I can't say now and no longer live in Ont.

Bella · Post by **Bella** » Fri Mar 16, 2007 5:17 am

It is the doctor's option. I checked the Highway Traffic Act. My pulmonologist reported me, (without telling me or asking me to sign anything) and I got a letter from the Ministry of Transport saying that it's ok for me to drive as long as I am in compliance with the doctor's orders. If I'm not, I'm supposed to tell them!!

Oddly enough, my neurologist (I have epilepsy too) did not report me, although the same section of the HTA applies. The only time he asked me not to drive was once when I was changing meds. Even that time, he just asked for my word. I gave it, I kept it.

sharon1965 · Post by **sharon1965** » Fri Mar 16, 2007 5:24 am

thanks, bella! good to know..

Bella · Post by **Bella** » Fri Mar 16, 2007 5:31 am

No problem! I was a bit surprised when I got the letter as I had no idea that he was going to report me. That's what made me read the Highway Traffic Act. I like proof.

And here, the neurologist did not do anything. Maybe the pulmonolgoist reported me because I have severe CSA and if it had been milder he wouldn't have done anything.

I think that this has come up before and there are others here in Ottawa who said that they were not reported.

frapilu · Post by **frapilu** » Fri Mar 16, 2007 7:05 am

Hi,

I live in Ottawa and have been diagnosed with OSA for the past 3.5 yrs. I've never had any indication of this although my doctor does know that I'm 100% compliant. I vaguely remember another Ottawan who mentioned an issue with this last time it was raised in a thread. I think her doctor had told her that he would have to report her if she wasn't compliant but she laughed and told him she didn't even have a drivers licence.

Definitely seems to depend on the doctor and I don't want to ask my doctor about it.

France

Apnea and the Canadian Law ???

Apnea and the Canadian Law ???

Apnea in Ontario

I could give you my 2 cents on this..........

Apnea and the Canadian Law Continued !

I live in Ottawa