A slight seizure

[Hoosier Daddy]

Lawyer up. No ER doctor has the legal right to act as your regular attending physician when you have one already.

I don't believe that's true, although the term "right" makes it interesting. Anyone may file a written notice to Texas DPS detailing why he/she feels an individual may not be medically safe to operate a motor vehicle. The request may then be handed over to a medical advisory board through Department of State Health Services (DSHS) which may then recommend suspension of a drivers license to DPS. Then, the jumping through hoops begins to get the license unsuspended with the burden of proof being on the individual to prove that he/she is not a menace and is safe to drive again, including fees and taking the written and practical driving tests again. Verbal notifications to DPS are not accepted, so it does take some work to accomplish, but I'm sure most medical facilities have a form.

ER doctors are not legally bound to report these kinds of things but will very often do so as a cover yourself matter. The doctor being an ER doc is not relevent. Suppose an individual had a seizure, saw an ER doc, and no action was taken. By not reporting it, the doc, ER, and their respectve dogs may all become liable in court should an unfortunate accident occur and the plaintiff's legal counsel finds out about the seizure history, etc.

Where is that? Tex. Gov't Code §§411.186 & 411.187 don't authorize that. I also don't see seizures as a disqualifier in the statutory eligibility requirements of §411.172. Am I missing something?

Chas.

http://www.txdps.state.tx.us/DriverLice ... cation.htm Same link posted by ELb...

Absolutely no reference to CHL, either.

Sorry, Mr Cotton, if I mispoke...I work very hard at staying in my lane. I admit that I do not have a specific reference to Tex Gov't Code, but I was a FF/Paramedic for many years and encountered situations similar to the OP's. The DPS page confirmed info that I was aware of through practical experience only.

Could this fall under the authority DPS used to say they won't license a blind applicant even if they pass the tests?

[GJwitha45]

I hope it is okay to post this. But just a followup to this topic.

Yesterday I received the DPS form letter that my drivers license is under review for "possible" medical conditions. So I guess the ER physician did as he said and reported me to DPS, at least regarding my DL.

I will have to see how it all works out I guess.

[WildBill]

I hope it is okay to post this. But just a followup to this topic.

Yesterday I received the DPS form letter that my drivers license is under review for "possible" medical conditions. So I guess the ER physician did as he said and reported me to DPS, at least regarding my DL.

I will have to see how it all works out I guess.

Thanks for the update. I hope things work out for you.

[GJwitha45]

I have my CHL renewal class scheduled for July 14th. This should not have any bearing on renewing - should it?

[WildBill]

I have my CHL renewal class scheduled for July 14th. This should not have any bearing on renewing - should it?

IMO, as long as you can truthfully answer all of the eligibility questions you should be okay.

[C-dub]

Interesting thread. I hope everything works out okay for you GJwitha45.

In my limited knowledge of seizures that can affect a DL, I thought epilepsy and narcolepsy were the only one's that could. Even when my dad had a stroke, the doctor said nothing about putting any restrictions on his DL. He did advise that it wouldn't be very wise for a little while, but left it up to my dad to make that call. Nothing was reported to the state.

[GJwitha45]

I don't beleive there is a provision for a medical doctor to submit a request for revocation. I think I would tell him if he sends ANY information on your condition to someone who you have not authorized the release to, that you will fille a suit against him for violation of HIPA.

I appreciate what you are saying and respect it very much. The question I have then is if this Dr. sent or disclosed info about me to DPS without my permission then there is a possible problem?? I read another post where it appears that anyone can file a complaint and it is up to the accused to prove them self against the complainer. In other words lets say I know my neighbor or a co-worker, etc. drinks alot and drives as well as has his CHL. I can file a written complaint to DPS and he/she have to defend themself and prove themselve innocent as they are already considered guilty based on my letter?

I hope it is okay to ask this on here as I am really concerned about my DL and CHL, but if anyone knows someone who may know more of the legal issues/points please let me know, even if it is by PM or e-mail.

Thanks.

[dubya]

Wow! I don't visit this forum weekly anymore figuring I would not see much new but this thread surprised me and I am glad (not for the OP) to open the thought process. I continue to be amazed how our nannystate expands. I understand public safety but the ER Doc could have also had to OP followup with his Dr. It will make me even more vigilant on my interactions. I am already leery of telling a Dr. anything about anything not absolutely necessary with their documentation now.
More than every it is "Need to know." and "Loose lips sink ships."

Guess I'll be back more. Thank you Charles for your continued efforts and all for the useful posters. Good luck GJwitha45!

JW

[gringo pistolero]

HIPAA has a lot of loopholes for reporting information to law enforcement and other government entitties.

[Cobra Medic]

HIPAA has a lot of loopholes for reporting information to law enforcement and other government entitties.

That's true and also in the case of a concealed handgun license, we signed the CHL-85 authorizing the release of "records, reports and testimony relating to the medical condition of an applicant or license holder" to DPS.

I don't know anywhere near enough to comment about this particular case, but I have reported situations where I thought someone was a danger to himself or others. That includes a danger behind the wheel if I didn't trust them to voluntarily refrain from driving under certain conditions.

[tacticool]

I hope it is okay to ask this on here as I am really concerned about my DL and CHL, but if anyone knows someone who may know more of the legal issues/points please let me know, even if it is by PM or e-mail.

Seizures while driving can seriously endanger yourself and others in a car accident. Seizures while wearing a holstered handgun are not likely to cause an accidental discharge. If I was in your shoes, I would be more worried about my DL and would be asking my PCP for their help in case it's needed.

[WildBill]

I hope it is okay to ask this on here as I am really concerned about my DL and CHL, but if anyone knows someone who may know more of the legal issues/points please let me know, even if it is by PM or e-mail.

Seizures while driving can seriously endanger yourself and others in a car accident. Seizures while wearing a holstered handgun are not likely to cause an accidental discharge. If I was in your shoes, I would be more worried about my DL and would be asking my PCP for their help in case it's needed.

Lately, I have read some articles about seizures and cognitive impairment. There may more medical risks carrying than just recurring seizures. I am not a doctor or health professional, but I was completely unaware of the potential effects of a seizure.

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1797884/" onclick="window.open(this.href);return false;

[tacticool]

Where is that? Tex. Gov't Code §§411.186 & 411.187 don't authorize that. I also don't see seizures as a disqualifier in the statutory eligibility requirements of §411.172. Am I missing something?

Chas.

http://www.txdps.state.tx.us/DriverLice ... cation.htm Same link posted by ELb...

Absolutely no reference to CHL, either.

Sorry, Mr Cotton, if I mispoke...I work very hard at staying in my lane. I admit that I do not have a specific reference to Tex Gov't Code, but I was a FF/Paramedic for many years and encountered situations similar to the OP's. The DPS page confirmed info that I was aware of through practical experience only.

Here's a reference to CHL. http://www.dshs.state.tx.us/emstraumasy ... rview.shtm" onclick="window.open(this.href);return false;

I think it would be a bigger hurdle to show that infrequent seizures make someone incapable of safely handling and storing firearms. It's probably a lot easier to show that driving is not a good idea, so if he can keep his DL it should be a slam dunk to keep his CHL. However, IANAL and IANAMD.