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nursehope
nursehope, Clinical Nurse Specialist
Category: General
Satisfied Customers: 222
Experience:  Masters educated Advance Practice Nurse and ER Consultant.
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breach of confidence

Customer Question

I have a very good friend who came up positive in a drug test at work. The company he works for gave him the option: quit or job to drug rehab.

He started the Vitality Center, a local drug rehabilitation Center.

In the meantime the business he was working for folded up.

My friend let Vitality Center know he would not be finishing the course. The rehabilitation center is threatening to turn him into the Department Motor Vehicles.

Questions: Can they legal bind him to this program?
Can they divulge priviledged information like that?

Please let me know because the license they are trying to pull is a CDL.

Thank you,
XXXXX XXXXX
Submitted: 11 years ago.
Category: General
Expert:  nursehope replied 11 years ago.
 A physician has a responsibility to notify DMV that a person is medically unfit to drive.  An MD may believe this is true if this individual does not complete treatment.  It is unfortunate but I believe they can get away with it but the doctor would have to have strong evidence.  Your friend may be able to fight it in civil court .  Nurse Hope  
nursehope, Clinical Nurse Specialist
Category: General
Satisfied Customers: 222
Experience: Masters educated Advance Practice Nurse and ER Consultant.
nursehope and 23 other General Specialists are ready to help you
Expert:  TheMysticWave replied 11 years ago.

Greetings:


Did your friend go to court before he began the program?


Normally, if one appears before the judge and is ordered to seek rehab for the substance abuse, if one does not finish the course/treatment, then they can be reported. However, I would need to know more information in order to provide you with an accurate response.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


 

Expert:  Greg replied 11 years ago.
Barbara,

A driver's CDL is based on a Physician's medical certification that the driver is fit to operate a commercial vehicle pursuant to the Motor Carrier Safety Regulations. If any controlled dangerous substances are found during testing, the driver's privilages may be revoked for a set period of time. The rehab center is bound by these laws, as is the physician. If the company has gone out of business, the driver can still carry his medical insurance through COBRA and complete the course.
Customer: replied 11 years ago.
Reply to TheMysticWave's Post: My friends case was not court ordered, ordered by the company he was employed by, which no longer exists.

Thank you,
Barbara
Expert:  TheMysticWave replied 11 years ago.

Greetings Barbara:


Thank you for responding and providing further information.


With limited time on research - I cannot tell you for certain that the Center can report your friend to the DMV for not completing the treatment program. Should your friend be obligated to complete said program, it perhaps may state so in the paperwork he signed at the Vitality Center. Thus, I suggest that you advise your friend to read his copy concerning the terms and conditions. He may also wish to obtain a letter from his former employer to present to the Center stating that he is no longer employed due to the company folding - thus, confirming that the employer will not be subject to a penalty for non-completion of his treatment program.


Please review the following website that sets forth the requirements, penalties of drivers holding a CDL, that may be in violation - and requirements of employers - It's quite possible that the Center is taking this stand as protection for the employer.


 Commercial Driver's License Program (CDL/CDLIS) - Federal Motor Carrier Safety Administration


I'm sorry that I cannot give you an absolute response at this time - however, once again, the terms and conditions of the paperwork your friend signed at the Center should shed more light on this matter.


You may also wish to contact the Department of Motor Vehicles and inquire without providing any names - a representative would have such information.


Please take care.


Wishing you and your friend the best.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


 

Expert:  Vickie replied 11 years ago.
Question to mystic wave,
Wouldn't this fall under the heppa laws somewhere, beings it is medical?

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