Is there a database of DOT Physicals available to doctors?

I know. He is wrong. This comes straight from the DOT website.

Evaluating physicians need no written authorizations from employees to report evaluation information and results to MROs or to employers, as appropriate.

Here is the link for you @ZVar and @Concorde and others who don't believe me.

 

You can lie all you want but I wouldn’t advise it.

Penalty for Lying on DOT Physical: Truth or Consequences.

While a Dr can’t snoop on previous exams your medical records are not hippa exempt from lawyers should you be in an accident.

Just as your drug test aren’t protected under hippa, your medical records aren’t either from a lawyer.

In fact FMCSA does not have any guidance on sharing other than to say it’s not prohibited.

As far as CPAP is concerned it’s not a required test for the DOT physicals. This test can however be a requirement for a particular examiner if they deem it necessary to certify you…they have guidelines that they use however some may just ignore them.

If I was trying to get away from using a cpap machine I’d just go to a Chiropractor and try convincing them into accepting the liability.

 

Yes HIPPA applies. FMSCA is a regulation body creating regulations. Sometimes the regulations get adopted as (state) law, sometimes not. HIPPA is a federal law and all that implies. For HIPPA to not be valid congress would have to pass a law allowing FMCSA to ignore HIPPA. They have not done this, hence having to sign a release when getting a physical.

 

That’s in regards to drug testing.

 

It’s the only thing that the FMCSA addresses and I’ve already read what Crapppie was meaning to post.

 

Yes you did.

The release is required by HIPAA for the medical professionals that deal with your medical records ONLY but it doesn't apply to the company, law enforcement, the DMV, US DoT/FMCSA or a clearing house system.

As a fleet owner, I do not fall under HIPAA. When there is proof of a physical that is required as in an accident investigation, there is no need for a warrant to be issued for those records, the supporting documents will need a warrant.

I won't argue with anyone here about it, so don't tell me I am wrong, I have dealt with HIPAA since it was passed.

The exemption is related to safety-sensitive jobs that are regulated by the feds (US DoT, DoE, and other agency-regulated jobs) and state agencies that enforce the laws or regulate transportation. This is written in the law that was passed by Congress and never amended or repealed. It also is not a regulation but a law.

If you guys don't believe me, contact a lawyer who deals with HIPAA, they will tell you what I just did for free.