Posted on 07/15/2004 12:13:16 PM PDT by MindFire
http://www.cnn.com/2004/LAW/07/13/beer.drinkers.license.ap/ Man loses license after telling doctor about drinking
Tuesday, July 13, 2004
HARRISBURG, Pennsylvania (AP) -- A man who told his doctors that he drinks more than a six-pack of beer per day is now fighting to get his driver's license back because the physicians apparently reported him to the state. Keith Emerich, 44, said Tuesday that he disclosed his drinking habit in February to doctors who were treating him at a hospital for an irregular heartbeat.
"I told them it was over a six-pack a day. It wasn't good for me -- I'm not going to lie," Emerich said in a telephone interview from his home in Lebanon, about 30 miles east of Harrisburg. Emerich received a notice from the Pennsylvania Department of Transportation in April that his license was being revoked effective May 6 for medical reasons related to substance abuse.
He has petitioned a judge to restore the license, and a hearing has been set for July 29. A state law dating to the 1960s requires doctors to report any physical or mental impairments that could compromise a patient's ability to drive safely, PennDOT spokeswoman Joan Nissley said. Nissley said she could not discuss the details of Emerich's case because of confidentiality requirements that also protect the doctor from being identified.
The law requires revocation of the license until the driver can prove he is competent to drive. Emerich said his heart problem has prompted him to limit his beer drinking to weekends.
...."What I do in the privacy of my own home is none of PennDOT's business," he said. Asked if he considered his client to be alcoholic, Horace Ehrgood, Emerich's attorney, said: "It depends on what your definition is."
(Excerpt) Read more at cnn.com ...
HIPAA has a safe harbor for disclosure required by state law.
So much for patient confidentiality and reliable history ping!
As others have pointed out, this is probably more about the irregular heartbeat and less about the booze -- though the booze could be the root cause of the heart problems.
I've been through this in PA for a degenerative inner ear disease and it's pretty straight-up. When you are well, you are permitted to drive again and my insurance wasn't affected a whit.
If someone has a serious heart problem, you don't want them on the same road your family travels. There are plenty of dead people who would tell you so if they could, including several here in Pittsburgh.
If he has his first beer at 5:00pm and cracks one every hour he would be sober at his 11:00 bedtime.
Hey, a good trial lawyer isn't going to let a couple of facts get in his way!
Who died and appointed this doctor God? What made him assume that his patient *drove* after drinking all that beer? This smacks of neo-nanny prohibitionism (which Americans don't seem to be able to shake off.)
So you need a court order? Those can be got with the right judge. Besides HIPPA does not protect you from gov't snooping in your records if they suspect criminal wrongdoing. Now Bush wants to put our medical records online, so that anybody with the right access can look at it. I'll stop going to the Dr. if that gets through congress.
Sounds like it to me. They can basically take anyone who violates HIPAA rules and hang them out to dry.
Trust me - I used to do technical support for a major East Coast university hospital system, and they were DEAD SERIOUS about maintaining HIPAA standards.
That's already been done - I heard about two years ago from someone that some doctors offices now ask children if there are guns in their house as part of a routine physical. I don't know what they do with this information but that is what I was told by someone who worked for a doctor.
"Dealing with an acute alchoholic is no fun. My father died from the effects of alchohol abuse, so "been there, done that." My sympathies and prayers for you and your sister."
I also send my prayers to you and your sister... my mother drank herself to death at the age of 39 and I know how hard it is for the family to try to convince an alcoholic to quit.
They will say whatever you want to hear, over and over. But some people do quit on their own or get help so I hope your sister will.
My prayers also go out to you and your sister. My mom died at the age of 39 from drinking and I know how hard it is for the family. I hope that she will get help.
Sorry, I posted my last reply to the wrong person. You also have my sympathies on the loss of your father. It is a tough situation for anyone to face. My mother never saw my wedding or my children because she died so young.
Actually, you're correct. I work in a large pediatric clinic, and that is a standard question for parents of school age children and adolescents. In our practice, it is noted in the chart, but the only thing done with the info is for the Pediatrician to counsel the parents to ensure that the guns are stored safely. Although on the surface it may seem like a good idea to the average layperson, I just don't think that gun status needs to be in the chart. Besides, most parents are responsible gun owners, and don't need a doctor to tell them how to store a gun. I suppose this question is a recommendation of the American Academy of Pediatrics (a commie organization). BTW, I'm a RN, not a doc.
.."the only thing done with the info is for the Pediatrician to counsel the parents to ensure that the guns are stored safely. "....
I guess they mean well but it makes you wonder if they will actually peak the child's interest in the idea of guns by asking about it.??
Great, another reason to hate my state government. :(
Doc is now a set up for violating HIPAA. What was he thinking???
Well, gotta say, even though I work in this field, somewhat, I don't know about the privacy laws you mean.
I'm just a sorta grunt, so to say. I check on folks and their benefits through their insurance carriers for Chem Dep benefits.
If I were wanting to check it out, I guess I'd look for HIPAA laws, is that right? Minnesota.
Doesn't ring a bell.
Thank God for doctors like this one who are not afraid to report threats to society.
Drinking is a national tragedy and must be curtailed. Two beers a day is too much to drink, let alone six.
Here in Ohio I support ORDI (Ohio Responsible Drinking Initiative) which among other things would give police officers the power to revoke for 72 hours the drivers license of any non-driving person found to be over the legal BAC. (The other 4 initiatives of ORDI is to raise the drinking age to 23, lower the legal BAC to 0.07%, ban all Sunday sales, purchases and consumption of alcohol, and give the Ohio State Patrol authority on private as well as public property for all alcohol/drug offenses.)
ORDI is getting no support from MADD, the Republican-controlled General Assembly or the Republican Governor and looks like a dead issue.
But thank God for any and all who fight the good fight!
We're not talking about the privacy of his own home. We're talking about him driving on public roads -- which is what his driver's license is all about.
If the guy's a drunk, keep him off the roads.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.