Legal Question in Health Care Law in Maryland

my husband had a stroke several months ago, but now he is able to walk with a cane--he wants to drive now--is he legally obligated to report this stroke to the DMV, to our insurance and is he required to take a drivers rehabilitation course before he is allowed to drive in Maryland


Asked on 11/06/10, 12:06 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Yes. Here's what the Maryland DMV has to say (See #7 below):

"Maryland law requires drivers to notify the MVA if they are diagnosed with any of the following conditions:

1. Cerebral palsy;

2. Diabetes requiring insulin;

3. Epilepsy;

4. Multiple sclerosis;

5. Muscular dystrophy;

6. Irregular heart rhythm or heart condition;

7. Stroke, ministroke, or transient ischemic attack (TIA);

8. Alcohol dependence or abuse;

9. Drug or substance dependence or abuse;

10. Loss of limb or limbs;

11. Traumatic brain injury;

12. Bipolar disorder;

13. Schizophrenic disorders;

14. Panic attack disorder;

15. Impaired or loss of consciousness, fainting, blackout, or seizure;

16. Disorder which prevents a corrected minimum visual acuity of 20/70 in each eye and a field of vision of at least 110 degrees;

17. Parkinson's disease;

18. Dementia, for example, Alzheimer's disease or multi-infarct dementia;

19. Sleep disorders, for example, narcolepsy or sleep apnea; or

20. Autism.

A driver must report the problem when it is diagnosed, or when he or she is applying for a driver�s license or renewing an existing driver�s license.

How do I notify the MVA of my diagnosis?

You may report your diagnosis in by email, phone, mail or fax to the MVA Driver Wellness and Safety Division, or to any MVA branch or express office. Please be sure to include:

* your full name,

* date of birth,

* current mailing address,

* driver�s license number, and

* nature of reportable condition.

What will happen after I report my diagnosis?

When you have reported a condition, the Driver Wellness and Safety Division (DW&S) may send you several forms to complete. They also may send you a form for your physician to complete. After you return the forms, the DW&S Division then will make a decision about whether your situation should be referred for an opinion from the Medical Advisory Board (MAB). The MAB is a group of doctors who works with the MVA in analyzing customers� driving abilities. If the MAB is involved, they (the MAB) may ask you for more information, or to attend a meeting.

All medical data obtained will be kept CONFIDENTIAL and will only be used for those purposes permitted by law.

After the doctor assigned by the MAB analyzes your situation, he or she will provide an opinion to the DW&S Division. The DW&S Division will make the final decision about whether your driving privileges should be restricted in any way.

Our goal is not to take drivers off the road. Our goal is to keep drivers on the road for as

long as they remain a low risk for crash involvement. If necessary, to achieve that goal,

we will work with drivers on a case-by-case basis.

Fees:

* There is no fee involved in this process.

Contact Information:

MVA

Driver Wellness and Safety Division

6601 Ritchie Highway

Glen Burnie, MD 21062

For telephone questions:

MVA Customer Service Center:

1-800-950-1MVA(1682)

TTY/Hearing Impaired:

1-800-492-4575

Out-of-State:

1-301-729-4550"

Hope this helps. Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

Read more
Answered on 11/11/10, 9:34 pm


Related Questions & Answers

More Health Care Law questions and answers in Maryland