Legal Advisor: Reporting Patients to the Registry of Motor Vehicles

What Should You Do?

At a minimum, discuss your concerns with the patient. Tell the patient that Massachusetts' self-reporting rules require him or her to inform the RMV of any conditions affecting his or her ability to drive (the RMV website, www.mass.gov/rmv, identifies minimum physical requirements to operate a motor vehicle) and that you would be happy to refer the patient to a specialist to determine whether the patient satisfies the RMV standards. One suggestion to consider is whether limiting the patient's driving to daylight hours would address the impairment (this type of restricted license is available in Massachusetts). You should also clearly document the medical basis for your concerns in the patient chart and note that you have discussed these with the patient and advised that he or she is required to report the condition to the RMV Document whether the patient accepts your advice, and then follow up with a letter to the patient clearly documenting your concerns, reminding the patient that he or she should inform the RMV of any conditions affecting his or her ability to drive, and that you would be happy to provide referral to specialist.

Given the potential liability for breaching patient confidentiality, (this includes talking to a family member), unilateral reporting may be ill-advised. On the other hand, given the risk of a third-party or patient lawsuit in the event of an accident, some protective action is warranted. Following the course outlined above will likely discharge your obligation to the patient, the public and yourself, without infringing on patient confidentiality.

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