sleep apnea driver's license rules and laws

[davidmontlynch]

In the state of Maine, the Bureau of Motor Vehicles requires everyone diagnosed with sleep apnea to disclose this diagnosis on all applications and renewal applications for all non-commercial driver's licenses. The state then monitors everyone that has a current Maine driver's license with a diagnosis of any form of sleep apnea annually to ensure ongoing success and compliance with CPAP. Non-adherence or lack of success with CPAP treatment at any point results in an automatic driver's license suspension by the state of Maine, even if the driver has held a license for years, has a completely safe driving record, and the driver's doctor has no concerns about the driver's safety. Is Maine the only state in the US with such strict laws requiring and monitoring ongoing CPAP compliance for non-commercial drivers diagnosed with any form of sleep apnea or are there other US states with these strict laws as well? I just recently moved to Maine and was shocked by these punitive and restrictive laws for drivers with a safe driving record that have been diagnosed with sleep apnea. Again, I'm not asking about CDL rules here - I'm only asking about US state rules for regular, everyday, non-commercial driver's licenses and sleep apnea. I'd appreciate replies indicating whether or not Maine is the only state in the US with such rules and laws about holding a non-commercial state driver's license when diagnosed with sleep apnea.

[southerndoc]

Seems overly strict. While I get the reason behind it, there are numerous other conditions that are far worse than OSA for driving risks. Seizures, diabetes, opiate use, benzodiazepine use, etc.

I'm betting one could easily get that overturned with litigation.

[babydinosnoreless]

Never heard of such a thing. Wouldn't share with them my diagnosis.

[southerndoc]

Never heard of such a thing. Wouldn't share with them my diagnosis.

Some states require the physician to notify the DMV. When I was a resident in Connecticut, we were required to fill out a form to be mailed to Connecticut State Police for anyone who has a new onset seizure, breakthrough seizure, or syncopal event.

[babydinosnoreless]

Never heard of such a thing. Wouldn't share with them my diagnosis.

Some states require the physician to notify the DMV. When I was a resident in Connecticut, we were required to fill out a form to be mailed to Connecticut State Police for anyone who has a new onset seizure, breakthrough seizure, or syncopal event.

So much for hippa.

[clownbell]

Big Brother is indeed watching you. Next development may be a camera to watch you sleep.

[southerndoc]

Big Brother is indeed watching you. Next development may be a camera to watch you sleep.

Nah, they'll have ResMed send MyAir data directly to the DMV.

[ChicagoGranny]

In the state of Maine, the Bureau of Motor Vehicles requires everyone diagnosed with sleep apnea to disclose this diagnosis on all applications and renewal applications for all non-commercial driver's licenses. The state then monitors everyone that has a current Maine driver's license with a diagnosis of any form of sleep apnea annually to ensure ongoing success and compliance with CPAP. Non-adherence or lack of success with CPAP treatment at any point results in an automatic driver's license suspension by the state of Maine, even if the driver has held a license for years, has a completely safe driving record, and the driver's doctor has no concerns about the driver's safety.

Will you please provide a link to these legal requirements?

Legal requirements are not mentioned in the Maine 2021 Motorists Handbook - https://driving-tests.org/wp-content/up ... ndbook.pdf

Legal requirements are not mentioned in the Maine Bureau of Motor Vehicles Medical Requirements - https://www.maine.gov/sos/bmv/licenses/medical.html and https://geriatricscareonline.org/applic ... dition.pdf and https://www.maine.gov/sos/bmv/licenses/ ... 0APNEA.pdf

In those links are many cautions about sleep apnea and much information to physicians about counseling their sleep apnea patients. However, there is nothing that indicates there are legal requirements to report, monitor or refuse to license drivers with untreated sleep apnea.

If there are legal requirements hidden away somewhere, please provide the links.

[Julie]

Reminds me of when patients would complain about the doctor (my boss) notifying the license bureau to deactivate their licenses when they did not take their seizure meds or some other thing necessary by law. The stories I heard and the whining, you wouldn't believe it. And if he hadn't had their licenses pulled and something happened, he'd be on the hook with police, and the medical board.

[Wulfman...]

This is another example of why people should comply with their therapy and DOCUMENT their usage.
I read about so many people not checking their data or keeping the reports for the "CYA" reasons.
You're supposed to be using this therapy FOR A REASON.......USE IT and DOCUMENT YOUR USAGE!!!


Den

.

[chunkyfrog]

Now, more than ever before, we need to heed this.

[Webangel100]

In Ontario, Canada, Ministry of Transportation Ontario's Rules regarding CPAP compliance requirements refer to the Canadian Medical Association website. While I could not directly locate any document on the CMA's website, I was able to find the below document at a Schulich University of Western Ontario site.

CMA Drivers’ Guide – 9th Edition https://www.schulich.uwo.ca/geriatrics/ ... dition.pdf.

Refer Section 9.3.1. You will note that drivers who are compliant with => 4 hours of therapy per day for 70% of the days for at least a 30-day period within the previous 90 days are considered safe to drive all types of vehicles. (Note: hours are not defined as "continuous"). There is, however, a requirement that drivers involved in a traffic collision where they were "at fault" should not drive for one month after the collision, during which period their compliance should be reassessed and whether or not they may drive after the one-month period determined by the outcome.

I also found another useful link: http://sleep-clinic.ca/patients_resources/mot/.

[babydinosnoreless]

That is Canada. I'm pretty sure it would be a violation of hippa here. Just did a google search and can not find any state laws about driving if you have sleep apnea. Unless your a cdl driver.

[wm_hess]

In the state of Maine, the Bureau of Motor Vehicles requires everyone diagnosed with sleep apnea to disclose this diagnosis on all applications and renewal applications for all non-commercial driver's licenses. The state then monitors everyone that has a current Maine driver's license with a diagnosis of any form of sleep apnea annually to ensure ongoing success and compliance with CPAP. Non-adherence or lack of success with CPAP treatment at any point results in an automatic driver's license suspension by the state of Maine, even if the driver has held a license for years, has a completely safe driving record, and the driver's doctor has no concerns about the driver's safety.

Will you please provide a link to these legal requirements?

Legal requirements are not mentioned in the Maine 2021 Motorists Handbook - https://driving-tests.org/wp-content/up ... ndbook.pdf

Legal requirements are not mentioned in the Maine Bureau of Motor Vehicles Medical Requirements - https://www.maine.gov/sos/bmv/licenses/medical.html and https://geriatricscareonline.org/applic ... dition.pdf and https://www.maine.gov/sos/bmv/licenses/ ... 0APNEA.pdf

In those links are many cautions about sleep apnea and much information to physicians about counseling their sleep apnea patients. However, there is nothing that indicates there are legal requirements to report, monitor or refuse to license drivers with untreated sleep apnea.

If there are legal requirements hidden away somewhere, please provide the links.

I did find this at the Maine government website https://apps.web.maine.gov/sos/bmv/lice ... dical.html. Click on the Download and Print Current Rules. Drs are to report Sleep apnea, and failure to comply means no driving.

-Bill

[Julie]

I don't know about 'Laws', but I do know the doctors have special dispensation to get drivers off the road when necessary. Then the drivers can eventually be restested at such times as the doctors suggest the possibility.