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Table of Contents

Think

Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

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25. Impaired Driver

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The physician [medical practitioner] who knows only medicine knows not even medicine.
~ Mark Twain


Abstract

Practitioners have a significant role in determining medical conditions that impair a driver’s ability to operate a vehicle safely. It is mandatory for patients to self-report any seizure disorders to the DMV and for most states, reporting by practitioners is still voluntary. Practitioners do not have the authority to revoke driving privileges, but they are responsible for reporting visually impaired drivers. This mandatory reporting can diminish patient autonomy and the liberty of both the patient and the practitioner. The practitioner has a professional obligation to act in the patient’s best interests and report the impaired driver to the proper authorities for both the patient’s well-being and public safety. As a matter of social justice, failure to comply with mandatory reporting laws is a Class A misdemeanor. Practitioners are obligated to comply with mandatory reporting laws for reasons of patient autonomy, professional beneficence and nonmaleficence, and social justice. Noncompliance would be considered a violation of the patient-practitioner relationship and professional misconduct.

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Think 

[25:1] There is a wide range of medical conditions that can impair a driver from safely operating a vehicle. Vehicles range from the gamut of cars, trucks, motorcycles, buses, trains, and planes, to name a few. Commercial vehicles generally have higher governmental medical standards of driver competency than just personal use. The question regarding the impaired driver is what the practitioner’s role is or ought to be in such determinations. 

[25:2] In all states, it is mandatory for the patient to self-report any seizure disorders to the Department of Motor Vehicles (DMV), and for most states, practitioner and medical-provider reporting is still voluntary. Practitioners and medical providers do not have the authority to suspend or revoke driving privileges; only the DMV has that authority. However, the practitioner is responsible for reporting a visually impaired driver to the DMV so that the DMV can determine whether or not the patient’s vision is deficient enough to warrant that their license should be removed or limited.

Assess
Patient: 1) Autonomy

[25:3] Mandatory patient reporting diminishes patient autonomy (informed consent) and the liberty of both the patient and the practitioner. If a practitioner is mandated to report an impaired driver, then the practitioner must communicate that to the patient, preferably before the examination and certainly after the examination. A patient-practitioner relationship is a social contract that is grounded on confidentiality and privacy. Patients should be forewarned of any exceptions to those conditions to limit misunderstandings and perceptions of a breach of patient confidentiality and privacy. With mandatory reporting, the practitioner has no liberty but to report. This needs to be made clear to the patient. With mandatory reporting, the patient also has no autonomy (informed consent) except to understand that their medical impairments will be reported regardless of whether they consent to it or not. The ideal is for the practitioner to explain the situation so that the patient understands and consents to the medically at-risk reporting mandate. This approach attempts to keep intact the patient-practitioner relationship and minimize any perception of a breach of confidentiality and privacy.

[25:4] Mandatory reporting is not a breach of the patient-practitioner relationship because the categories of mandatory reporting is part of the patient-practitioner social contract.

Practitioner: 2) Beneficence & 3) Nonmaleficence

[25:5] Professionally, the practitioner must maximize the patient’s best interests, as determined by the patient’s reasonable goals, values, and priorities—beneficence (do good). Patients’ reasonable goals, values, and priorities would include the safety of themselves and others from being harmed by an impaired driver, especially if that impaired driver were to be themselves—nonmaleficence (do no harm). 

[25:6] The practitioner as a health care professional has the moral duty to maximize the patient’s best interests, and that means that the practitioner must report the impaired driver to the proper authorities for both the patient’s best interests—beneficence (do good) and the sake of public safety—nonmaleficence (do no harm). As a patient educator, the practitioner should have a tactfully but candid conversation with the patient about how the patient can reduce driving risks and devise alternative forms of transportation, such as public transportation, Uber or Lift, and family members.

Public Policy: 4) Justice

[25:7] Civilly, as a matter of social justice (be fair), it is considered an unfair distribution of benefits and burdens to allow an impaired driver to operate a vehicle that puts themselves and others at risk of harm or death. The government, as a result, has mandated practitioners to report various types of impairments to various authorities and failure to comply with mandatory reporting is a Class A misdemeanor—justice (be fair).

[25:8] Practitioners comply with such laws, as the laws are rational, reasonable and coherent with: patient autonomy (informed consent), professional beneficence (do good), professional nonmaleficence (do no harm), and social justice (be fair). Although the ideal would be for all four principles to be coherent with each other if by chance the autonomous choice of the patient is for the practitioner not to report, then that would be overridden primarily by the interest of justice (be fair) and its focus on public safety, but also on the practitioner’s obligation of nonmaleficence of doing no harm.

[25:9] Mandatory reporting is a legal and professional requirement that is part of the patient-practitioner relationship, and not reporting would be the practitioner’s violation of the patient-practitioner relationship, a form of professional misconduct.

Conclude

[25:10] For any patient with a seizure disorder, the practitioner is required by federal law to encourage the patient to self-report. Regarding driving a vehicle by a visually impaired patient, the practitioner must report the patient to the DMV so that the DMV can determine whether or not to revoke, suspend, or limit the person’s driver’s license as the practitioner does not have that legal authority.

[25:11] In summary, practitioners must abide by mandatory reporting laws, balancing patient autonomy with their professional obligations towards beneficence, nonmaleficence, and social justice. Encouraging patients with seizure disorders to self-report and reporting visually impaired drivers to the DMV is part of the practitioner’s role in ensuring public safety. Failure to comply with these regulations is a breach of the patient-practitioner relationship and professional misconduct. Ultimately, practitioners must prioritize both the well-being of their patients and the safety of the public when addressing impaired drivers.

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25. Review Questions

1. The practitioner has the mandatory duty to report seizure disorders to the Department of Motor Vehicles (DMV).

2. If the practitioner honestly believes that a patient might be a driving risk, then the practitioner has the authority to suspend or revoke the patient’s driving privileges.

3. The ideal is for the practitioner to explain the situation, so the patient understands and consents to the medically at-risk reporting mandate. This approach attempts to keep intact the patient-practitioner relationship and minimize any perception of a breach of confidentiality and privacy.

4. As a patient educator, the practitioners should have a tactful but candid conversation with the patient about reducing driving risks and devising alternative forms of transportation, such as public transportation, Uber or Lift, and family members.

5. The government has mandated practitioners to report various impairments to various authorities, and failure to comply with mandatory reporting is a Class A misdemeanor.

6. Mandatory reporting is a legal and professional requirement that is part of the patient-practitioner relationship, and not reporting would be the practitioner’s violation of the patient-practitioner relationship, a form of professional misconduct.

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25. Clinical Vignettes

1. Mr. Solomon Thompson, a 45-year-old truck driver, was brought to the emergency room after a motor vehicle accident. He was found to have slurred speech, delayed reaction time, and an unsteady gait. Blood alcohol content (BAC) was measured to be 0.14%, above the legal limit for driving. The medical team suspected that Mr. Thompson was under the influence of alcohol, which may have contributed to the accident. The differential diagnosis included alcohol intoxication, brain injury, and stroke.

2. Mr. Augustus Francis, a 55-year-old construction worker, was brought to the emergency department after being involved in a car accident. Upon examination, the medical team noticed that Mr. Francis had slurred speech, difficulty walking, and delayed reaction time. Mr. Francis admitted to taking his prescription pain medication before driving. The differential diagnosis included medication side effects, medication interactions, and substance abuse.

3. Ms. Abigail Rodriguez, a 30-year-old teacher, visited her primary care practitioner complaining of frequent headaches and fainting spells. After further examination, the practitioner diagnosed her with a seizure disorder and informed her that it is mandatory for patients to self-report any seizure disorders to the DMV. The differential diagnosis included epilepsy, medication side effects, and brain injury.

4. Mrs. Helen Kim, a 50-year-old real estate agent, visited her primary care practitioner for a routine check-up. During the examination, the practitioner noticed that Mrs. Kim had uncontrolled blood sugar levels and neuropathy in her legs. After further examination and tests, the practitioner diagnosed Mrs. Kim with poorly controlled diabetes. The differential diagnosis included peripheral artery disease, medication side effects, and hypothyroidism.

5. Mr. Trey Hernandez, a 35-year-old Uber driver, visited his primary care practitioner for a routine check-up. During the examination, the practitioner noticed that Mr. Hernandez had high blood pressure and was taking medication to manage it. After further examination and tests, the practitioner diagnosed Mr. Hernandez with hypertension. The differential diagnosis included kidney disease, medication side effects, and sleep apnea.

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25. Reflection Vignettes

1. Ms. Sarah Johnson, a 65-year-old retired accountant, presents for her yearly physical. She reports being in overall good health but has age-related macular degeneration, and her visual acuity has decreased to 20/200 OU. The differential diagnosis includes age-related macular degeneration, cataracts, glaucoma, and diabetic retinopathy. The practitioner performs a comprehensive eye exam and recommends that Ms. Johnson see an ophthalmologist for further evaluation and treatment. The practitioner also emphasizes the importance of regular eye exams, especially for individuals with age-related macular degeneration, and offers to provide information and resources to Ms. Johnson to help manage her condition and maintain her vision. The practitioner reiterates that early detection and treatment can help prevent further vision loss and improve overall quality of life. In addition to the recommendations for further evaluation and treatment, the practitioner also discusses the potential risk of impaired driving with Ms. Johnson due to her decreased visual acuity. The practitioner advises Ms. Johnson to consider limiting her driving or seeking alternative transportation methods to ensure her safety and the safety of others on the road. The practitioner also informs Ms. Johnson that, as a healthcare provider, they are mandated by law to report any patients who may be a danger to themselves or others on the road to the Department of Motor Vehicles (DMV). The practitioner encourages Ms. Johnson to be proactive in managing her vision and driving safety and to communicate any concerns or limitations with the practitioner or ophthalmologist.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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2. Mr. John Doe, a 35-year-old construction worker, is brought into the emergency department handcuffed to a stretcher by police officers. The officers suspect that Mr. Doe was driving under the influence of alcohol, causing a motor vehicle accident that resulted in three deaths. On examination, the practitioner notes that Mr. Doe is slurring words, confused, unable to identify himself, and unaware of what has happened. The differential diagnosis includes alcohol intoxication, head trauma, and underlying medical conditions. The practitioner orders a comprehensive evaluation to determine the cause of Mr. Doe's symptoms and provide appropriate emergency management. While the police officers request a blood alcohol test, the practitioner explains that immediate emergency management takes priority over forensic testing and that the blood alcohol level can be evaluated at a later time if necessary. The practitioner emphasizes the importance of prompt and effective emergency care for all patients, regardless of the circumstances surrounding their admission.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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