Lupus... How does DOT look at it?

Discussion in 'Experienced Truckers' Advice' started by Criminey Jade, Jul 31, 2018.

  1. Criminey Jade

    Criminey Jade Road Train Member

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    I wanted to ask how a lupus diagnosis would affect a driver's medical card. Would he or she be treated similarly to a diabetic driver where that driver might be reduced to a 1 year or a 6 month card? Would it only affect that driver if there was documented heart and lung involvement?

    Here's a quick primer on Lupus Erythematosus.
     
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  3. x1Heavy

    x1Heavy Road Train Member

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    Source link.

    eCFR — Code of Federal Regulations

    §391.41 Physical qualifications for drivers.

    (a)(1)(i) A person subject to this part must not operate a commercial motor vehicle unless he or she is medically certified as physically qualified to do so, and, except as provided in paragraph (a)(2) of this section, when on-duty has on his or her person the original, or a copy, of a current medical examiner's certificate that he or she is physically qualified to drive a commercial motor vehicle. NOTE: Effective December 29, 1991, the FMCSA Administrator determined that the new Licencia Federal de Conductor issued by the United Mexican States is recognized as proof of medical fitness to drive a CMV. The United States and Canada entered into a Reciprocity Agreement, effective March 30, 1999, recognizing that a Canadian commercial driver's license is proof of medical fitness to drive a CMV. Therefore, Canadian and Mexican CMV drivers are not required to have in their possession a medical examiner's certificate if the driver has been issued, and possesses, a valid commercial driver license issued by the United Mexican States, or a Canadian Province or Territory and whose license and medical status, including any waiver or exemption, can be electronically verified. Drivers from any of the countries who have received a medical authorization that deviates from the mutually accepted compatible medical standards of the resident country are not qualified to drive a CMV in the other countries. For example, Canadian drivers who do not meet the medical fitness provisions of the Canadian National Safety Code for Motor Carriers, but are issued a waiver by one of the Canadian Provinces or Territories, are not qualified to drive a CMV in the United States. In addition, U.S. drivers who received a medical variance from FMCSA are not qualified to drive a CMV in Canada.

    (ii) A person who qualifies for the medical examiner's certificate by virtue of having obtained a medical variance from FMCSA, in the form of an exemption letter or a skill performance evaluation certificate, must have on his or her person a copy of the variance documentation when on-duty.

    (2) CDL/CLP exception. (i)(A) Beginning on January 30, 2015 and through June 21, 2021, a driver required to have a commercial driver's license under part 383 of this chapter, and who submitted a current medical examiner's certificate to the State in accordance with 49 CFR 383.71(h) documenting that he or she meets the physical qualification requirements of this part, no longer needs to carry on his or her person the medical examiner's certificate specified at §391.43(h), or a copy, for more than 15 days after the date it was issued as valid proof of medical certification.

    (B) On or after June 22, 2021, a driver required to have a commercial driver's license or a commercial learner's permit under 49 CFR part 383, and who has a current medical examiner's certificate documenting that he or she meets the physical qualification requirements of this part, no longer needs to carry on his or her person the medical examiner's certificate specified at §391.43(h).

    (ii) Beginning on July 8, 2015, and through June 21, 2021, a driver required to have a commercial learner's permit under part 383 of this chapter, and who submitted a current medical examiner's certificate to the State in accordance with §383.71(h) of this chapter documenting that he or she meets the physical qualification requirements of this part, no longer needs to carry on his or her person the medical examiner's certificate specified at §391.43(h), or a copy for more than 15 days after the date it was issued as valid proof of medical certification.

    (iii) A CDL or CLP holder required by §383.71(h) of this chapter to obtain a medical examiner's certificate, who obtained such by virtue of having obtained a medical variance from FMCSA, must continue to have in his or her possession the original or copy of that medical variance documentation at all times when on-duty.

    (iv) In the event of a conflict between the medical certification information provided electronically by FMCSA and a paper copy of the medical examiner's certificate, the medical certification information provided electronically by FMCSA shall control.

    (3) A person is physically qualified to drive a commercial motor vehicle if:

    (i) That person meets the physical qualification standards in paragraph (b) of this section and has complied with the medical examination requirements in §391.43; or

    (ii) That person obtained from FMCSA a medical variance from the physical qualification standards in paragraph (b) of this section and has complied with the medical examination requirement in §391.43.

    (b) A person is physically qualified to drive a commercial motor vehicle if that person—

    (1) Has no loss of a foot, a leg, a hand, or an arm, or has been granted a skill performance evaluation certificate pursuant to §391.49;

    (2) Has no impairment of:

    (i) A hand or finger which interferes with prehension or power grasping; or

    (ii) An arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a commercial motor vehicle; or any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a commercial motor vehicle; or has been granted a skill performance evaluation certificate pursuant to §391.49.

    (3) Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control;

    (4) Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure.

    (5) Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a commercial motor vehicle safely;

    (6) Has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a commercial motor vehicle safely;

    (7) Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with his/her ability to control and operate a commercial motor vehicle safely;

    (8) Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a commercial motor vehicle;

    (9) Has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a commercial motor vehicle safely;

    (10) Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal Meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber;

    (11) First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951.

    (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 CFR 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.

    (13) Has no current clinical diagnosis of alcoholism.

    End excerpt. My thoughts next post down.
     
  4. x1Heavy

    x1Heavy Road Train Member

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    You pretty much can assume that arthritis, heart issues, seizures, loss of blood ox to your hands and feet, constant being tired and so on leading to bigger and more serious problems.

    I don't have a formal lupus dianosis yet. But the doctor is beginning to lean that way. My mother had it for years and that was not what killed her in the end. They did a liver transplant (Alcholism... hard to imagine how they managed that little trick with the associated liver damage etc that kept getting worse, the liver is supposed to dispose of waste and itself became a overflowing trash bin filled with waste from bacteria that killed her anyway.

    This group of bacteria was found inside her chest wall between the lungs over the trachea. It was a particularly infectious and led to septis which ultimately what killed her in the mind on life support 4 days before we pulled the plug. It took 30 minutes for her to die on room air physically. Autospy revealed the true cause of her death.

    You may find that Lupus will attack something in your body in time. And unfortunately it will be very important parts of your entire system. Heart, Nerves, bones in particular. It will eventually degenerate, degrade and tear your body down exposing you to bigger problems such as a specific arthritis of the joints, bones become too thin easily breaking when you cough too hard (Never mind riding a 18 wheeler on bad road) and other big big problems. Such as seizures. (This is the one word that if a doctor ever tells you. You pretty much can kiss that driving and flying license bye bye. MWAH. you would be out of that 18 wheeler so fast...)

    I can go on. But Lupus will run it's course in time and something will come along and kill you. Medicines will buy you time. Maybe a number of days where it does not hurt so much. Those will be the good days to remember by when bad days show up as it gets aggressive.

    I know it by another name. "Wolf" because some days it gets aggressive in the body and affects your ability to do anything. Much less drive a 18 wheeler and deal with the freight etc. That's not going to happen.

    It is not specifically something that will create a automatic rubber stamp and say you are medically banned from touching a big truck. But most doctors who understand this situation will know enough not to grant you a DOT medical card. At that point you are essentially Disabled under SSdI guidlines unable to do your primary livelhood in life. So take the medical diagnosis and al the evidence and initiate the process of applying. It will take you about a year before you are brought before a Judge (If granted, you will get back pay.) and that will be that for your working days. You can still do some work. But after a certain wage income, benefits start being stripped each month according to what you made the previous. It is good to do some work that you enjoy. I spent some time as a crew boss downtown at Adesa for heavy truck sales. Fast teaching some manual driving and others automatic driving. And giving the old iron to the oldest in my crew who will essentially relive their youth all over again and thank me profusely.

    You can still work. To a certain point. Beyond that will be decided by your own body as various systems begin to break down and maybe require transplants as they did with my mom. Sometimes I wonder if it would have been better not to do it at all. And used anti bacterial in addition to surgery to clear that part of the chest out. But no one knows anything to truly cure the real issue until after death sometimes. We are so over it.

    It is better it cut her down early in life because if she lived beyond say 65 life may not be as good as she would have liked.
     
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  5. homeskillet

    homeskillet Road Train Member

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    Ask a DOT medical examiner. No one here admits to being a doctor.
     
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  6. gokiddogo

    gokiddogo Road Train Member

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    In other words;
    Thanks for coming out, x1Heavy
    ;)
     
  7. x1Heavy

    x1Heavy Road Train Member

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    Im not a doctor. But I got a small trauma tool kit on the shelf and can do a couple things if I have to. (Need a ACME Mallet from Wiley Coyote and Company to knock the poor SOB out first)

    I am not a doctor and never will be. I have had watched loved ones and friends get killed from cancers and other problems in interesting ways. In the case of the mother, the transplant was about 100K in dollars and the 6 weeks after came up to 245000 in medical billing. With a result that was not favorable.

    You would have to ask yourself how much are you willing to pay for another day alive? Another week? Month? years maybe? Lupus is something that has no cure it will get to you at some point.

    If I get sick I want it to be fast and done with either way. I will not incur that much in expensive support just in a promise of maybe a few years of life. Ive already lived a pretty good one.
     
    gokiddogo Thanks this.
  8. gokiddogo

    gokiddogo Road Train Member

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    You see it the same way I do. If I was faced with the decision of, sell the farm, leave kids with nothing, all to still probably die not much longer, I would end it myself. If I had mountains of cash, it may be a different story.
    Neither of our countries' health systems are perfect. They both have their + and -. I feel like we have the slight advantage up here. No Canadian will have to worry about a bankrupting health expense. On the other hand, there is no hierarchy system as to who gets what level of care or who gets it first or last. That being said, if a Canadian has done very well in life, and the system up here says it's a 6 month wait... he can take his money and be a cash customer at an American hospital. If his time is worth more than the money he has.
     
  9. baha

    baha Road Train Member

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    It means as long as you stay strong enough to keep your truck under control your good for another year?
     
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