Medications.

Discussion in 'Questions From New Drivers' started by Boodrowr, Jun 19, 2019.

  1. Boodrowr

    Boodrowr Bobtail Member

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    I’m hoping to be in school within the next two weeks, but I’ve read that “anti-seizure medication” is an instant denial.

    I’ve been taking lamictal for about ten years, as a mood stabilizer for bi-polar disorder.

    The last DOT physical I took only required my psychiatrist to sign off for it.

    So my question is: if my psych signs off for my DOT, will a company look deeper than that? And perhaps discovering I am on an anti-seizure drug, but I do not use it for seizures

    Thank ya
     
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  3. x1Heavy

    x1Heavy Road Train Member

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    It is a instant denial

    What medications disqualify a CMV driver?

    Two exceptions. Review by a Doctor and a specific note from your prescribing doctor that this medicine is being prescribed for non seizure reasons specifically. Which you must have with you any time you are in a big rig.

    Seizures is nothing to be fooled with when running a 18 wheeler at highway speeds at 40 ton. You can slam into dozens of cars and kill so many. I think even those with car licensing is also a denying problem
     
  4. Moose1958

    Moose1958 Road Train Member

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    Epilepsy is a disqualification, you can't drive. I have epilepsy and I can't even drive a car. However, most of the anti-seizure medications also have other uses. I for instance use Versed from time to time to control mine. based on your question and the information in the handbook as long as you are stable and can back that up with medical opinions you should be good. However, there is a but. Just because you can legally drive using this medication does not mean a carrier is required to hire you. Keep this in mind.
    On page 142 of the FMCSA Medical Examiners Handbook is your answer.

    Anticonvulsants are also prescribed for other conditions that do not cause seizures, including some psychiatric disorders (for antimanic and mood-stabilizing effects) and to lessen chronic pain.
    Side effects may include:
    • Depressed mood.
    • Cognitive deficits.
    • Decreased reflex responses.
    • Unsteadiness.
    • Sedation.
    Small doses used for chronic pain are less likely to be associated with side effects that can interfere with safe driving than the doses used to treat other disorders.
    Waiting Period
    No recommended time frame
    You should not certify the driver until the medication has been shown to be adequate/effective, safe, and stable.
    Decision Maximum certification — 2 years Recommend to certify if: As the medical examiner, you believe:
    • Nature and severity of the underlying condition does not interfere with safe driving.
    • Effects of medication used while operating a commercial motor vehicle does not endanger the safety of the driver and the public.
    Recommend not to certify if: The driver uses anticonvulsant medications to control or prevent seizures. Monitoring/Testing You may on a case-by-case basis obtain additional tests and/or consultation to adequately assess driver medical fitness for duty. FollowUup The driver should have annual medical examinations.
     
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  5. GasHauler

    GasHauler Master FMCSA Interpreter

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    FMCSR's are funny about medications. Granted they do have conditions that out right disqualify you from driving. Their requirements will specifically call out the drug and condition. We've talk a lot about this subject and the first thing that some drivers stated is you can't do anything listed in Schedule 1. Schedule 1 is any medication or drug that has no medical use. Then they list other schedules but they say if your doctor knows that you drive he has to follow guidelines for truck drivers. However, this is all good and dandy but if your company doesn't allow it you won't drive. Plus if you don't tell your company God help you if you are in an accident where there's fatalities. Even if it's not your fault it becomes your fault as soon as then find out. So good luck and I would advise telling the company and keep things above board.
     
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  6. Moose1958

    Moose1958 Road Train Member

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    Yep, I stopped getting into much detail about honesty in these forums simply because there are so many that post here that defend dishonesty and it saves arguments.

    All I will say though about being honest is it is the best way to cover your butt. I don't think the average person really understands the legal term (discovery). They think they do! Discovery is ALL a drivers medical records that can be found. Medical privacy laws don't apply. I once saw an attorney subpoena Pre/EZPass data in a divorce case. During the discovery phase of a lawsuit, you are basically stripped of your privacy rights on ANYTHING deemed related.

    @GasHauler I do disagree with your fault analogy. I have spoken to several attorneys about this. The biggest thing about the fault is a Jury or Judge can decide a percentage of fault. Example! If I am driving my load of Hershey's chocolate from Hershey Pa to their Utah warehouse. I am taking this medication but did not tell my company. I get hit by a drunk driver and said driver slides under my trailer and dies from those injuries. I am not at fault. If there is a lawsuit and it is determined I was taking this medication and I have medical statements I am stable, I should not be held responsible for the crash. I might lose my job? However, there should be nothing further. Now if I hit someone this changes the dynamics a lot. In any case, though an attorney MUST establish my use of this medication caused my incapacitation.

    One more point on this. Contrary to what some would have you believe. In a tort or damages case in most places, you DO NOT have the right to have a Jury hear the case. In almost every lawsuit the defendants will file to have the case dismissed for lack of evidence (or something close). There will almost always be the first hearing. It would surprise the average laymen how many cases get tossed as a result of these hearings.
     
  7. Ridgeline

    Ridgeline Road Train Member

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    Sadly, for me it is simple, I can't hire you if you take the drug, it isn't that I don't trust you, I don't trust your doctors.
     
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  8. JoeyJunk

    JoeyJunk Road Train Member

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    This is for everyone. Get a doctors note for EVERY prescription you take. Even if the company doesn’t require it. Have it with you and provide employer a copy whether they want it or not. You may be educating them in the process.

    Ran into this issue recently myself, for different meds.
     
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  9. GasHauler

    GasHauler Master FMCSA Interpreter

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    Thanks, it takes a fellow sailor to explain such technicalities.
     
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  10. wis bang

    wis bang Road Train Member

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    Many companies will be leery because of their insurance and may already have guidelines prohibiting using drivers even with a doctor's note. You can bet the doctor's malpractice insurance won't be enough to potentially recover the loss if your insurance walks away.....
     
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