Failure to report prescription meds on DOT Medical form for 2 year wallet card

Discussion in 'Trucker Legal Advice' started by ml48603, Sep 8, 2012.

  1. Giggles the Original

    Giggles the Original Road Train Member


    yup, yup, true , true........i got out our physicals yest..and was reading them and the directions.....you are required to tell what meds you are currently on or have been on recently...
     
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  3. ml48603

    ml48603 Bobtail Member

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    There is a difference between the opening statement of the thread and the clarification: The driver was rejected when the DOT physical long form examiner comment block mentioned the TCA. The driver is continuing to seek employment and will be given a new DOT Physical by a new prospective employer. The driver doesn't want to make the same mistake filling out the new DOT physical long form as he did last time.

    In the Health History Block 2 the comment section reads,

    "For any YES answer, indicate onset date, diagnosis, treating physician's name and address, and any current limitation. List all medications (including over-the-counter medications) used regularly or recently."

    Block 2 of the form qualifies "For any YES answer" to listed conditions in block 2 include the following in the block 2 comment block:

    1) indicate onset date
    2) diagnosis
    3) treating physician's name and address
    4) any current limitations
    5) List all medications (including over-the-counter medications) used regularly or recently.

    Headaches/Migraines are not a condition in block 2. Therefore the treatment of migraines is not of interest for purposes of the block 2 comment, only the listed conditions are of interest.

    The question seems to boil down to the applicability of the following sentence in block 2:

    "List all medications (including over-the-counter medications) used regularly or recently."

    Does this sentence apply to any and all conditions OR does it apply only to conditions listed in block 2 for which any answer was yes?

    ie. "For any YES answer. . ."
     
  4. CAXPT

    CAXPT Road Train Member

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    Condo cruiser gave you the exact legal requirements. Driver is required to report ALL, let me repeat that, ALL, medications; meaning prescriptions, non-prescription, dietary supplements, or herbal remedies......EVERYTHING.

    It's not optional to hold something back or decide on his own or trying to use his own personal doctor's opinion of whether it affects him or not. It is up to the Medical Examiner doing the examination to make those judgements, because he is the one tasked with certifying that he's medically qualified to drive.

    Are we clear?
    Crystal!
    (Sorry, couldn't resist the "A Few Good Men" line. :D )
     
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  5. ml48603

    ml48603 Bobtail Member

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    I like that movie to. That line would't have been as good if Jack Nicholson wasn't that playing that part.

    I typed up a list of meds and nutritional supplements for the driver to print off and take with him to his next DOT physical, he's a health nut. I advised him to give the medical examiner the separate list and not write in the medical examiner's blocks next time around. He doesn't have any health issues to answer yes to in block 2.
     
  6. ml48603

    ml48603 Bobtail Member

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    How deep do DOT inspectors and police get into investigating prescription drugs carried by OTR drivers in original prescription bottles when the officer decides to do a thorough search of the CMV and finds the prescriptions? What guidelines does an officer have to follow when deciding whether or not the prescriptions drugs found are okay?

    For purposes of discussion assume the meds in question are common prescriptions people are given and NOT medicinal versions of illegal drugs or narcotics.
     
  7. Okieron

    Okieron Crusty Okie

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    they have a list of drugs that make it unsafe for you to drive. at least that is my understanding. most times when I have been stopped it was never an issue. it probably would only come up if you appeared to dui.
     
  8. Mark Kling

    Mark Kling Technology Contributor

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    Make sure all your drugs are in the right bottles.. Do not combine all into one bottle and your name is on each one.
     
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  9. 48stater

    48stater Light Load Member

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    I agree. Seems like the only way you'd get in hot water is if one of the drugs was forbidden to be consumed by the driver AND the driver said he was actually taking it.
     
  10. CAXPT

    CAXPT Road Train Member

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    You're right, Jack Nicholson was the only one that could deliver those lines, appropriately.

    For the sake of discussion. Same thing. Over the counter Zyrtec, Claritin, or Ibuprofen for that matter all can cause drowsiness, so it's up to the driver to disclose this and the Medical Examiner to discuss and document.

    It gets worse. If while driving you get sick, injured, etc.. and take an over the counter medicine whether or not they have those same "drowsiness" effects, you're required to let the company know you're taking them, and then stand down if you feel they will negatively affect you.

    You'll see inspections in the CSA area, that refer to § 392.3 Ill or fatigued operator which means they should have taken themselves off duty because they're physically ill (flu, cold, etc) they didn't inform their company's about and took over the counter drugs. This gets them put Out Of Service. Now instead of just being late because of being sick, they're late and fined and get points as does the company. Of course this depends on getting caught, I realize that, but if they get caught...it brings a load of trouble on them and if they're involved in an accident the stakes go up.
     
  11. Joe Peters

    Joe Peters Bobtail Member

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    I did the same thing . Listed my medications on a separate sheet to review with the DOT doctor. He looked at them and said I need to call your safety manager. Came back in 25 mins later. Said I must surrender your medical card . Temporarily disqualified from commercial motor vehile driving until we receive more information. I was so stunned to giving up my card . She did not advise me to write my meds on my sheet to the medical form. I forgot to because i was caught up with giving up my card that i forgot. She faxed only the medical form but wihout my list. In short costs me my job. Falsifying a medical report. My fault to for not listing on that legal form. These doctors are required to inform and educate . She told me to come back and would need a clearance letter for the second exam. Learned a valuable lession.
     
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