Failed DOT

Discussion in 'Trucker Legal Advice' started by TruckingSexy, Oct 27, 2019.

  1. magoo68

    magoo68 Road Train Member

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    st malo mb canada
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  2. BoxxTrucker

    BoxxTrucker Bobtail Member

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    This isn’t a legal assertion or anything, but I feel like if you’re fit to be out here, especially doing OTR, you probably shouldn’t “need” to be on anti-psychotics, opioids, downers, anxiety meds and whatever else you say you’ve been taking ‍♂️‍♂️
     
  3. REO6205

    REO6205 Trucker Forum STAFF Staff Member

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    If you were sitting on the other side of the desk and a driver with a drug history like that was looking for a job, would you even consider hiring them?
    I wouldn't.
     
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  4. buzzarddriver

    buzzarddriver Road Train Member

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    So, would this be the same as,'"I don't take the marijuana on the truck, i only use it at home"?
    Certain medications disqualify you, no matter how often they are used.
     
  5. BoxxTrucker

    BoxxTrucker Bobtail Member

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    I was trying to be nice about it but if that young lady came to me for a job at my hypothetical McDonald’s franchise I probably wouldn’t hire her either. It’s probably best to get all of your substance abuse problems treated and under control before you decide to navigate a 50,000 pound building through crowded streets and highways...
     
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  6. npok

    npok Light Load Member

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    Section 391.41(b)(12)(i)&(ii) state:

    (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.

    The issue is that you lied on the medical paperwork. If you have a current script for ANYTHING, tell them. IDK where you're from, but in my state, all CDS scripts are tracked, so that's likely how they found out.
     
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  7. BoxxTrucker

    BoxxTrucker Bobtail Member

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    Given the number of medications the OP is influenced by and the types of meds that they are (narcotics) I wonder if the above mentioned would apply. Most doctors are now trained to spot opioid abusers, and I imagine an active narcotics addiction would be grounds to deny a medical certification. It would be nice to hear directly from a doctor on this for clarity...
     
  8. jbird05031126

    jbird05031126 Bobtail Member

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    Gabepentin, Tramadol, and Trazodone are not weapons grade anti-psychotics. I don't know what that term even means, "weapons grade". I work in the mental health field, I've never heard that term used before. Gabepentin is an anticonvulsant which is also used for nerve pain. Tramadol is a narcotic like pain reliever. Trazodone is an anti-depressant which is also often prescribed as a sleep aid. I have clients that use all of these meds.
     
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  9. x1Heavy

    x1Heavy Road Train Member

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    Valium is the biggie.

    In my state it is not legal to prescribe valium class drugs with any muscle relaxer and or any pain medicine at all. If you required valium you needed a second doctor to evaluate you and then prescribe it seperately. Otherwise it wont happen.

    Valium is in the same ballpark as Xanax. Xanax is incredibly addicting. I tried some as a experiment for 3 months at a tiny dose. Something like .25 milligrams 4 times a day. My driving a car went to hell. I was hitting stop signs with it. Literally, in a tiny compact. So stupid. I quit the medicine cold turkey.

    It took 17 months for the puppet string condition in the nervous system to quit as a result of that Xanax dependancy that developed in that three month time period. And another 9 months before I could say ok Im done with it forever.

    Its one medicine I do not take and consider it a allergen or a threat to my health.

    Valium is much better for night time purposes but not for long term and DEFINITELY not for driving. I was prescribed it off label to fight certain muscle groups that were giving me trouble. It did very well until the state outlawed it in combination with other medicines at that time last summer.

    I was with my doctor early afternoon today and got a oppertunity to examine my own PMB as he reviewed it in front of me on his computer in our little exam room. Let me tell you, that PMB was extremely detailed. VERY detailed.

    If a nurse after surgery gave me demerol in the muscle during recovery last year, that was in the PMB entry. By name and reason. It matched my records that I pulled from the hospital which contained additional and constant anti abuse or anti addiction panel tests and so on.

    Im off those medicines now. Pending a heart exam on friday. My pharmacy is prepared for me to show up with a bag of scrips. I rather not. If I wanted to be stubborn about that particular doctor and whats about to happen on friday I would not go at all. And not worry about it. But no. He has to fix problems that is affecting my ability to take care of my ex.

    Its a impossible situation to be in. But my doctor allowed me a brief view of my PMB and I understand the situation much much better. That kind of stuff should not be withheld from patients. If the patient has no idea of what kind of records are kept on them to what detailed level then the patient will not be able to function very well in exam situations with future doctors.

    However the State has a interest in protecting those medical people who think so and so is a addict, diverter, seller or abuser of medicine and enters that information into the PMB.

    There is a National PMB on top of that which also interfaces with active law enforcement so if you are a known drug diverter or seller from prescriptions in the past, you will find that your freedom is constantly at risk. I dont know very much about that one because I am not part of that database. Only those who have not done well at all are told about it when they are entered in it.

    As a final thought, I remember a time long before computers. Records are kept yes. But living databases in real time that sometimes for some people are quite damning are becoming a instrument of enforcement. If I did not like that very much I am more than free to emigrate to another country far away that has no technology at all. Then we'll see about that eh?
     
  10. npok

    npok Light Load Member

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    Yes it does apply. Tramadol & valium are listed in the other schedules. If it's not scheduled, it doesn't matter according to this part of the law. State law may be harsher(Google showed that a few states have scheduled gabapentin), but that doesn't affect the Feds.
     
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