Legal Advisor: Reporting Patients to the Registry of Motor Vehicles

Board of Registration in Medicine (BRM) Considerations

BRM regulations do not require a physician to report a patient to the RMV. Yet, if a patient files a complaint with the BRM alleging an unauthorized to report to the RMV the BRM is required to investigate the complaint. In doing so, the BRM would likely evaluate whether the report was made in good faith and on a solid medical diagnosis. The BRM would also likely ask whether every protection was used to ensure the minimal amount of patient information was disclosed and whether the report was directed to the attention of the proper party at the RMV The BRM's reasoning is that RMV reporting is a matter of public safety and patient safety. Keep in mind that even if the BRM took no action on the patient complaint, the patient could still file suit under HIPAA.

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