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.
Page 3 of 4
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
He went to get the physical and came back with a 2 year card. I asked how.
He said, I never tell them I take a thing. -
well we all gotta be wrong sometime....that being always right thing was getting old (me)....LOL
-
-
TX.....why??
-
-
CB was in ND the beg of the year...then we were back on the road fow about 4 months...but it was temp cuz of my health...now in the midland/odessa area....
-
After reading Giggles & Countryboy's comment I re-read the DOT long form section on page 1 where a medical examiner can enter comments. The verbage goes like this:
"Medical Examiner's Comments on Health History (The medical examiner must review and discuss with the driver any "yes" answers and potential hazards of medications, including over-the-counter medications, while driving.)"
In the cited section above the driver wrote in the Medical Examiners comment block a list of meds. This driver should not have written in the medical examiner's block. This block is for the Medical Examiner to write in comments, which can include a mention of treatments and prescriptions the driver is taking that can adversely affect driving ability. If the examiner investigates a treatment and finds that the treatment method is not jeopardizing driving abilities then the examiner is free to not mention the treatment method and prescription that is not causing a problem.
In this example the driver fully disclosed to the medical examiner the prescriptions used for the treatment method he'd been under for 9 years. The medical examiner determined that the treatment method eliminated the potential impact of the prescriptions on the driver's abilities. In this case the prescriptions taken before bedtime result in drowsiness while the driver is sleeping, ie the effects wear off while the driver sleeps and the driver wakes up fresh and rested with no side affects evident.
In this case the driver lost out on a job because the hiring company's medical department believed that the medical examiner had written in the medical examiners comments that these prescriptions were a problem that would negatively impact driver ability.
Moral of the story "Don't put words in the doctor's mouth." -
Be careful here, your original statements indicated the driver did not report the medications he took, and then some discussion came up about not having to report drugs....however that is not true.
If the driver wrote the list of medications in the Medical Examiner's section, then it should have had comment by the examiner in it, "medicines reviewed does not affect during driving" etc.. in his section.
The driver however, in the section directly above the medical examiners block section is required to list all medications that should then be documented by the doctor in his section. You can't assume the medications only affect the driver during sleep...many drugs and sleep aids make it clear, that even after sleeping there may still be grogginess etc., and drugs affect different people differently.
If the driver didn't list the medications in his section, and then the doctor didn't comment on them in his section, you still may have a problem because as you can see in the instructions in the medical examiner's section "...This discussion must be documented below."Last edited: Sep 10, 2012
Giggles the Original Thanks this. -
http://nrcme.fmcsa.dot.gov/mehandbook/med4_ep.aspx
Most importantly on the long form it asks you....
All it takes is one drunk to run into you and get killed and not even your fault. The lawyers will get the courts approval to get your medical records. They will prove you falsified your physical deeming your medical card void and your CDL void. You shouldn't of been in that truck at that point and time. Good bye house, car and boat!
Always be honest and up front with your physical. If he deems you unsafe to drive he is probably right.
There are little things one can do for their physical like not drink caffeine or smoke cigarettes before the physical. Eat a no sugar, low white carb diet the 12 hours before a physical.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 3 of 4