[IP] more on Big Brother is now talking to your doctor?
Begin forwarded message:
From: Liz Ditz <ponytrax@xxxxxxxxxx>
Date: August 11, 2004 6:18:07 PM EDT
To: dave@xxxxxxxxxx
Subject: Re: [IP] Big Brother is now talking to your doctor?
For IP if you wish
California has had a law on the books since the late 1980s/early 1990s.
PHYSICAL AND MENTAL CONDITIONS PHYSICIANS ARE REQUIRED TO REPORT
Health and Safety Code Section 103900 requires physicians and surgeons
to report patients at least 14 years of age who are diagnosed as having
a lapses of consciousness or dementia (mental disorders) conditions or
related disorders.
Although not required by law, any other condition may be reported by
physicians when they believe a patient cannot drive safely because of a
medical condition.
http://www.dmv.ca.gov/pubs/vctop/appndxa/hlthsaf/hs103900.htm
103900. (a) Every physician and surgeon shall report immediately to
the local health officer in writing, the name, date of birth, and
address of every patient at least 14 years of age or older whom the
physician and surgeon has diagnosed as having a case of a disorder
characterized by lapses of consciousness. However, if a physician and
surgeon reasonably and in good faith believes that the reporting of a
patient will serve the public interest, he or she may report a
patient's condition even if it may not be required under the
department's definition of disorders characterized by lapses of
consciousness pursuant to subdivision (d).
(b) The local health officer shall report in writing to the Department
of Motor Vehicles the name, age, and address, of every person reported
to it as a case of a disorder characterized by lapses of consciousness.
(c) These reports shall be for the information of the Department of
Motor Vehicles in enforcing the Vehicle Code, and shall be kept
confidential and used solely for the purpose of determining the
eligibility of any person to operate a motor vehicle on the highways of
this state.
(d) The department, in cooperation with the Department of Motor
Vehicles, shall define disorders characterized by lapses of
consciousness based upon existing clinical standards for that
definition for purposes of this section and shall include Alzheimer's
disease and those related disorders that are severe enough to be likely
to impair a person's ability to operate a motor vehicle in the
definition. The department, in cooperation with the Department of Motor
Vehicles, shall list those circumstances that shall not require
reporting pursuant to subdivision (a) because the patient is unable to
ever operate a motor vehicle or is otherwise unlikely to represent a
danger that requires reporting. The department shall consult with
professional medical organizations whose members have specific
expertise in the diagnosis and treatment of those disorders in the
development of the definition of what constitutes a disorder
characterized by lapses of consciousness as well as definitions of
functional severity to guide reporting so that diagnosed cases reported
pursuant to this section are only those where there is reason to
believe that the patients' conditions are likely to impair their
ability to operate a motor vehicle. The department shall complete the
definition on or before January 1, 1992.
(e) The Department of Motor Vehicles shall, in consultation with the
professional medical organizations specified in subdivision (d),
develop guidelines designed to enhance the monitoring of patients
affected with disorders specified in this section in order to assist
with the patients' compliance with restrictions imposed by the
Department of Motor Vehicles on the patients' licenses to operate a
motor vehicle. The guidelines shall be completed on or before January
1, 1992.
(f) A physician and surgeon who reports a patent diagnosed as a case
of a disorder characterized by lapses of consciousness pursuant to this
section shall not be civilly or criminally liable to any patient for
making any report required or authorized by this section.
In addition, California has a way for persons to report anonymously
http://www.driversed.com/enroll/dmv_book/dmv_health.html
HOW TO REFER AN UNSAFE DRIVER
If you are concerned for the safety of a family member, friend, or
other person who can no longer drive safely, you may write to your
local Driver Safety Office or the address given below. The form is also
available online. Provide the person’s name, birth date, driver license
number and current address, and explain what you observed that led you
to believe the person is an unsafe driver. The letter must be signed;
however, you may request that your name be kept confidential.
Mail your letter to:
Department of Motor Vehicles
Driver Safety Actions Unit M/S J234
P.O. Box 942890
Sacramento, CA 94290-0001
DMV will contact the person for a reexamination and he or she could be
suspended depending on the person’s driving record. A driving test will
be given to any person when a:
• Physician reports the person has lapses of consciousness.
• Traffic officer requests a DMV review and the officer believes the
driver is incapable of operating a vehicle safely.
• Relative makes a good-faith report to DMV stating the driver
cannot safely operate a vehicle.
http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl10.htm
Unsafe Driver
If you know someone who may no longer be able to drive safely, you may
request that the Department of Motor Vehicles (DMV) review his or her
driving qualifications. This form is provided for your convenience. If
you prefer, you may write a letter to your local Driver Safety office
to identify the driver you want to report and give your reason(s) for
making the report.
Confidentiality
You may ask to keep your name confidential and DMV will make every
attempt not to disclose your identity. We understand that reporting
someone, especially a patient, relative, or close friend, is a
sensitive issue and DMV does not want to harm your relationship with
that person. However, we also want to make sure that potentially unsafe
drivers are evaluated. All records received by DMV which report a
physical or mental condition are confidential and cannot be made public
(VC §1808.5). DMV may not be able to keep the report confidential if
ordered to release this information by a court.
**********
Liz Ditz
650-303-5967
blog: http://lizditz.typepad.com
Success: fall down seven times, stand up eight.
On Aug 10, 2004, at 7:59 PM, David Farber wrote:
Begin forwarded message:
From: Declan McCullagh <declan@xxxxxxxx>
Date: August 10, 2004 9:21:30 AM EDT
To: politech@xxxxxxxxxxxxxxx
Subject: [Politech] Big Brother is now talking to your doctor? [priv]
--
From: "Chuck Mauthe" <cmauthe@xxxxxxxxxxxxx>
To: "'Politech'" <declan@xxxxxxxx>
Subject: big brother is now talking to your doctor
Date: Mon, 9 Aug 2004 15:26:44 -0400
original is at
http://www.philly.com/mld/inquirer/news/local/9345310.htm?1c
Posted on Sun, Aug. 08, 2004
Fessing up to doctor costs drinker his license
A Lebanon County man admitted that he drank a 6-pack a day. A Pa. law
required PennDot to be alerted.
By Patrick Kerkstra
Inquirer Staff Writer
Like most people, Keith Emerich thought he could tell a doctor
anything.
So the 44-year-old print-shop pressman answered honestly when asked
during
an office visit whether he drank alcohol. Yes, he said, six to 10
Budweisers
a day.
That candor cost Emerich, of Lebanon, Pa., his driver's license.
In a strict reading of a Pennsylvania law that requires physicians to
report
patients with conditions that might "impair the ability to control and
safely operate" a vehicle, the doctor notified the Pennsylvania
Department
of Transportation of Emerich's appetite for brew.
With nothing more to go on than two check marks on a one-page
questionnaire,
PennDot revoked Emerich's license indefinitely.
Emerich thought it was a joke when the notice arrived in the mail
last April
Fool's Day. His driving record was pristine since a conviction for
driving
under the influence 23 years ago, and he said he does not mix
drinking and
driving.
"What I do in the privacy of my home is none of PennDot's business,"
said
Emerich, who is appealing the agency's decision in Lebanon County
Court. A
ruling is expected within weeks.
...
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