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They’re threatening to suspend my driver’s license! - Printable Version

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They’re threatening to suspend my driver’s license! - Cockatiel - 12-12-2019

Hi, everyone. I’ve been a CPAP user since 2001. I’ve used it religiously. In fact, when we lost power due to a storm and I couldn’t use the machine, I felt horrible and I called in sick (I’m retired now). 

In recent years, I’ve dealt only with my primary care doctor to get new equipment. I got a new bipap machine with his help just this past summer.

Like an idiot, I self reported my condition to the state DOT. In 2016, they requested a report from my doctor, which he provided. He wrote that I showed no signs of drowsiness and that he had no concerns about my driving.

This year, the state DOT requested a follow-up report. My doctor sent the same information, no drowsiness, no concerns about my fitness to drive. DOT then followed up with a request that I provide, within a few days of my receipt of the letter, a 90 day CPAP compliance report.

I can’t do it, so now they say they’ll suspend my license effective Dec 19. I’ve had to retain an attorney who is requesting a hearing. That should stay the suspension. My lawyer has referred me to a sleep specialist he knows, to get the SD card read, but there’s no opening for a new patient until January.

If DOT had let me know ahead of time that they’d be expecting this, I’d have prepared. I don’t need this grief right now, since I’m also trying to find an assisted living facility for my elderly mother with memory problems, and I need to travel up to her place periodically. 

If my doctor’s word was sufficient in 2016, why isn’t it now?


RE: They’re threatening to suspend my driver’s license! - 70sSanO - 12-12-2019

I’m not familiar with Respironics, but I had to provide a report for my DOT physical. Since I had a Resmed machine, I just used Rescan on my home computer and ran a report. I would think OSCAR would have a similar report.

Just include the doctor’s names, facility, machine ID and whatever you need to make it look official. The doctors have no clue that patients can actually have and review data, so it should work. It worked for me for the years I needed it. FWIW, I didn’t even have a sleep doctor.

John

Edit Added: it is good you didn’t lie about your CPAP. If there is an accident, even if you were fully awake, and your apnea was discovered, you would really be in hot water.

Also, you probably have some leeway, since you are already on CPAP, so if you can’t give them a full 90 days, give them what you can.


RE: They’re threatening to suspend my driver’s license! - Sleeprider - 12-12-2019

A compliance report is easy, and we have several different software (free) you can use to meet this requirement. Your Dreamstation will need to have a SD card to transfer the data, and hopefully you have a laptop compute to install the software. Alternatively, any CPAP supplier can easily prepare a compliance report from codes produced by your machine. At worst, we can teach you how to get an on-screen compliance report that you can photograph with your phone and use as proof, or even take into your motor vehicle department to verify.

My recommendation, we can show you how to access the INFO screen on your machine and photograph the Start Day and total number of days with therapy greater than 4-hours, and a code that verifies the data comes from your machine. Another screen "Phone-In" provides the total number of days since the machine was last reset that are greater than 4-hours. A verification code on that screen also verifies the data is authentic. That is a compliance report.

Respond back with your preference.


RE: They’re threatening to suspend my driver’s license! - 70sSanO - 12-12-2019

You will need to show the AHI for the period. I’ve been away from it for a while, but that was one of the requirements. Don’t quote me, but I think you can be over 5 AHI, but have to be under 10 AHI. There is a lot of DOT stuff on this on the internet.

John

Edit Added: The doctor doing your DOT physical will need to stuff his/her file. If there is an accident they need to show their due diligence. Depending on the doctor, they can be easy or tough on you. Personally I would go all out on creating a good looking report that looks like a doctor’s office would provide. I would also give a copy to your PCP to go into your file.


RE: They’re threatening to suspend my driver’s license! - Jeff8356 - 12-12-2019

Cockatiel, I can sympathize with you!

If your Dr or DME can't print out a compliance report for you then I would suggest using the ResMed (ResScan) software available here. Your state DMV compliance office is probably used to seeing these and they may not accept the report from OSCAR.

If you are retired and don't want to be bothered with medical compliance issues anymore, you could get rid of your CDL and go back to a regular class D non-cdl (or whatever it is in your state). Would save you the aggravation. I'm a former CDL holder and had to give mine up for health reasons.

But get them that report first!


RE: They’re threatening to suspend my driver’s license! - DeepBreathing - 12-12-2019

Jeff8356 Wrote:If your Dr or DME can't print out a compliance report for you then I would suggest using the ResMed (ResScan) software available here.

Cockatiel has a Dreamstation which is not compatible with ResScan. Depending on the model it might work with Encore Basic, also available from our private links area http://www.apneaboard.com/forums/Forum-Private-Files-and-Links

Other alternatives include OSCAR or (as SR suggested) getting a photographic record from the machine's built-in screen.


RE: They’re threatening to suspend my driver’s license! - Cockatiel - 12-12-2019

I don’t even have a CDL. I’m just an ordinary citizen who has always driven to work, to go shopping, etc. Now they’re demanding compliance reports from us ordinary folk!

Does the ResMed Software work on a Respironics machine?


RE: They’re threatening to suspend my driver’s license! - Jeff8356 - 12-12-2019

(12-12-2019, 07:11 PM)DeepBreathing Wrote:
Jeff8356 Wrote:If your Dr or DME can't print out a compliance report for you then I would suggest using the ResMed (ResScan) software available here.

Cockatiel has a Dreamstation which is not compatible with ResScan. Depending on the model it might work with Encore Basic, also available from our private links area http://www.apneaboard.com/forums/Forum-Private-Files-and-Links

Other alternatives include OSCAR or (as SR suggested) getting a photographic record from the machine's built-in screen.

Thanks for correcting that!   Oops


RE: They’re threatening to suspend my driver’s license! - 70sSanO - 12-12-2019

(12-12-2019, 05:02 PM)Cockatiel Wrote: I can’t do it, so now they say they’ll suspend my license effective Dec 19. I’ve had to retain an attorney who is requesting a hearing. That should stay the suspension.

I have not heard of a non-commercial license being subject to suspension.  From what I can determine, you are entitled to a hearing.  What I would do is download OSCAR, fill in your profile, and load in your data.  Then go to statistics and print out that page, it does have a nice OSCAR letterhead.  Present that to the DMV.  If that doesn't work, give it to your lawyer to use as a basis for a hearing since you have provided the necessary data to support that you are compliant with your therapy in accordance with State?/Federal? law.  I can't be certain, but I doubt there is a specified required format in which to submit the data.

I wouldn't wait on this, you want to go on the offensive and get this going.

John


RE: They’re threatening to suspend my driver’s license! - Cockatiel - 12-12-2019

Thanks, John. I’ll try to download OSCAR tomorrow.

This comes at a horrible time, since I should be spending this time researching assisted living facilities for my elderly mom with dementia, and I’m not able to do it with this crap going on.

The lawyer said I’m not the only one who has had this issue. Apparently other non CDL apnea patients have received the same demand from Maryland’s DOT.