Virtual Mentor. December 2010, Volume 12, Number 12: 928-929.
The Code Says
The AMA Code of Medical Ethics’ Opinion on Reporting Impaired Drivers
The AMA Code of Medical Ethics’ opinion on reporting impaired drivers.
Opinion 2.24 - Impaired Drivers and Their Physicians
The purpose of this report is to articulate physicians’ responsibility to recognize impairments in patients’ driving ability that pose a strong threat to public safety and which ultimately may need to be reported to the Department of Motor Vehicles. It does not address the reporting of medical information for the purpose of punishment or criminal prosecution.
(1) Physicians should assess patients’ physical or mental impairments that might adversely affect driving abilities. Each case must be evaluated individually since not all impairments may give rise to an obligation on the part of the physician. Nor may all physicians be in a position to evaluate the extent or the effect of an impairment (e.g., physicians who treat patients on a short-term basis). In making evaluations, physicians should consider the following factors:
(a) The physician must be able to identify and document physical or mental impairments that clearly relate to the ability to drive.
(b) The driver must pose a clear risk to public safety.
(2) Before reporting, there are a number of initial steps physicians should take. A tactful but candid discussion with the patient and family about the risks of driving is of primary importance. Depending on the patient’s medical condition, the physician may suggest to the patient that he or she seek further treatment, such as substance abuse treatment or occupational therapy. Physicians also may encourage the patient and the family to decide on a restricted driving schedule. Efforts made by physicians to inform patients and their families, advise them of their options, and negotiate a workable plan may render reporting unnecessary.
(3) Physicians should use their best judgment when determining when to report impairments that could limit a patient’s ability to drive safely. In situations where clear evidence of substantial driving impairment implies a strong threat to patient and public safety, and where the physician’s advice to discontinue driving privileges is ignored, it is desirable and ethical to notify the department of motor vehicles.
(4) The physician’s role is to report medical conditions that would impair safe driving as dictated by his or her state’s mandatory reporting laws and standards of medical practice. The determination of the inability to drive safely should be made by the state’s department of motor vehicles.
(5) Physicians should disclose and explain to their patients this responsibility to report.
(6) Physicians should protect patient confidentiality by ensuring that only the minimal amount of information is reported and that reasonable security measures are used in handling that information.
(7) Physicians should work with their state medical societies to create statutes that uphold the best interests of patients and community and that safeguard physicians from liability when reporting in good faith.
Report: Issued June 2000 based on the report “Impaired Drivers and Their Physicians,” adopted December 1999.
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