Okay. I may be bipolar. I'm trying lithium. I think it is helping. But could probably get by without it if I tried. Don't know if I'll stay on it. I know about the doctor's note. So okay I'll probably fess up. Now I've allready reached a new question than when I started writing this.
Question: IF you tell Dot about bipolar, is the company health insurance going to find out? And will that admission give me a pre-existing condition for health insurance? Or is that a seperate issue? DOT and company health insurance. I just don't want to burn myself any more than I have to. Experience only please. Or at least refer me to someone who would know about that?
Medication and DOT
Discussion in 'Driver Health' started by krispb, Oct 22, 2008.
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I have dealt with this many times so I will make this as easy and painless as possible. Call the carriers and ask to speak to their in house doctors and see which medication they allow. The recruiters can usually obtain a list. Heres what the DOT says:
http://www.dot.gov/ost/dapc/odapc_faq.html
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The DOT says; "your doctor" can qualify you for a prescribed drug, but, You cannot be certified for prescribed methadone or marijuana, as they are not allowed.
Your employer can make more restrictive rules. For example, being under the influence of a controlled substance is a major CDL violation. However, when the use is at the instruction of a physician who has advised the driver that the substance does not adversely affect the drivers ability to operate a commercial vehicle, or his/her ability to interact appropriately while at work "may be" an exception your employer allows.
Your employer may disagree with your doctor's advice. Your employer may perform drug and background tests and report positive results. So, you may be medically qualified to use your controlled substance, but you may not be allowed to possess it at work, use it on the job, or have it at detectable levels in your body (including hair in some cases). This cautionary approach could be a condition required by the company issuing liability insurance to your employer.
Prescribed drug use is "at your own risk" to your CDL driving work, unless your employer gives you specific permission.
[h=3]Is there a list of prohibited drugs for being medically qualified to drive a commercial motor vehicle (CMV)?[/h]Section 391.41(b)(12)(i)&(ii) state:
(12)(i) Does not use any drug or substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or other habit-forming drug.
(ii) Does not use any non-Schedule I drug or substance that is identified in the other Schedules in 21 part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in § 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.
ALSO;
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[TD][h=1]Schedules of Controlled Substances[/h][/TD]
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[TD]21 USC Sec. 812
49 CFR 391.41(b)(12) identifies driver use of Schedule I drugs as medically disqualifying. The 1970 Comprehensive Drug Abuse Prevention and Control Act provides the framework for the current Drug Enforcement Administration (DEA) drug schedules.
There are five schedules of controlled substances, I, II, III, IV, and V. The drug schedules are based on addiction potential and medical use but not on side effects. The lists are updated annually.
NOTE: The advisory criteria first directs you to 21 CFR 1308.11 TITLE 21 FOOD AND DRUGS CHAPTER 13 DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER I CONTROL AND ENFORCEMENT Part B Authority To Control; Standards and Schedules. This regulation describes the rules and procedures used to establish and maintain the 21 USC Sec. 812 controlled substance lists.
Key Points About 21 USC Sec. 812
Schedule I
These drugs have no currently accepted medical use in the United States, have a high abuse potential, and are not considered safe, even under medical supervision. These substances include many opiates, opiate derivatives, and hallucinogenic substances. Heroin and marijuana are examples of Schedule I drugs. The exception criteria of 49 CFR 41(b)(12)(ii) does not apply to any Schedule I substance.
NOTE: The driver taking medical marijuana cannot be certified.
Schedule II
These drugs have currently accepted medical uses but have a high abuse potential that may lead to severe psychological or physical dependence. Schedule II drugs include opioids, depressants, and amphetamines. The opioids in Schedule II include natural opioids (e.g., morphine) and synthetic opioids (e.g., OxyContin).
NOTE: Interpretation for 49 CFR 391.41
Methadone is a habit-forming narcotic which can produce drug dependence and is not an allowable drug for operators of commercial motor vehicles (CMV).
Schedules III - V
These drugs have decreasing potential for abuse than preceding schedules. Abuse may lead to moderate or low physical dependence or high psychological dependence. Schedule III drugs include tranquilizers. Schedule IV drugs include drugs such as chlorhydrol and phenobarbital. Schedule V drugs have the lowest potential for abuse and include narcotic compounds or mixtures.
Side effects are not part of the DEA schedule rating criteria. Therefore, a substance can have little risk for addiction and abuse but still have side effects that interfere with driving ability.
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DOT has no reason to be searching your truck unless you are in custody. Keep your meds in a lockbox in the sleeper or under the bunk.
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my wife and i have a lockbox for documents and rx meds. Afaik no LE agency has authority that can ignore our rights. I have had troopers and or DOT either open the door or order me to open it after they find it locked. Plain view is the key as well as probable cause. I try to avoid giving the gestapo a legal reason to mess with us in this once free Republic now rapidly developing into a police state.
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