Lana Ros Quoted in Article on Reporting a Seizure Disorder to the DMV
Svetlana (Lana) Ros, chair of the Health Care practice at Pashman Stein Walder Hayden, was quoted in a Decision Healthwebpage article, “Can you report patient whose license is a threat? Checklocal law, board rules.” The article asks if a doctor can report a patient with a diagnosed seizure disorder to the local DMV.
In New Jersey, doctors who perceive public danger in a patient’s licensure may avail an exception to their normal confidentiality requirements, notes Svetlana Ros, a partner with Pashman Stein Walder Hayden P.C. in Hackensack, N.J., and chair of the firm’s health care practice. This exception is stipulated by the regulations of the New Jersey State Board of Medical Examiners, which govern physician licenses in the state.
“The licensee, in the exercise of professional judgment, who has had a good faith belief that the patient because of a mental or physical condition may pose an imminent danger to himself or herself or to others, may release pertinent information to a law enforcement agency or other health care professional in order to minimize the threat of danger,” the New Jersey regulations state.
If the seizure patient in question is seen in New Jersey, you have a clear-cut answer, according to Ros: If a patient of driving age presents with “recurrent convulsive seizures,” the physician has to report this to the DMV, per a statute pertaining to licensing of drivers through the Motor Vehicle and Traffic Regulations.
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