Medication and DOT

Discussion in 'Driver Health' started by krispb, Oct 22, 2008.

  1. kwhite46

    kwhite46 Bobtail Member

    2
    0
    Jun 9, 2011
    fort worth, tx
    0
    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?

     
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  3. The Challenger

    The Challenger Kinghunter

    7,127
    3,367
    Dec 22, 2007
    East Central FL
    0
    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

    KH
     
  4. Truckite

    Truckite Bobtail Member

    1
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    Oct 26, 2013
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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 driver’s 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;


    [TABLE="class: content, width: 100%"]
    [TR]
    [TD]
    [h=1]Schedules of Controlled Substances[/h]​
    [/TD]
    [/TR]
    [TR]
    [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.
    [/TD]
    [/TR]
    [/TABLE]
     
  5. trucsugma5

    trucsugma5 Light Load Member

    247
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    Jan 15, 2013
    Morrison, Co
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    http://www.truckmed.com/medications.htm :biggrin_25525: this is all I could find.
     
  6. dieseltrooper

    dieseltrooper Light Load Member

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    Mar 16, 2014
    OKC,OK
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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.
     
  7. trucsugma5

    trucsugma5 Light Load Member

    247
    57
    Jan 15, 2013
    Morrison, Co
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    I was told DOT can fine you for having locked compartments on/in your truck. All compartments must be accessible to a DOT officer and /or emergency personnel at all times. Also, DOT has the right to search a CMV at any time for any reason, they must have a reason, but any reason will suffice.
     
  8. dieseltrooper

    dieseltrooper Light Load Member

    169
    48
    Mar 16, 2014
    OKC,OK
    0
    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.
     
  9. Tommy bo

    Tommy bo Bobtail Member

    1
    0
    Apr 10, 2018
    0
    I'm on the Clonopin so you're saying I probably won't get my medical card
     
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