Liability Protection
Pennsylvania law governing health care personnel reporting requirements, Section 1518, provides for immunity from civil and criminal liability when reporting. Therefore, health care personnel are immune from any civil or criminal liability when reporting an impaired driver (the patient) to PennDOT. NO ACTION may be brought against any person or agency for providing the required information. Additionally, these reports are held in confidence. Information regarding the source of the report or its contents is not released, even to the patient. Health care personnel have reported to PennDOT that they are very concerned about the liability of reporting and in fact, in some cases are reluctant to report because of this concern. However, immunity from liability is ensured by Section 1518, which provides immunity from civil and criminal liability. This concern may have resulted from the widespread publication of two cases in the press concerning the reporting issue. Case 1: Reported driver with alcohol abuseThe first case involved a man who was reported to PennDOT for
alcohol abuse. Although this report generated significant discussion
and press attention, PennDOT publicly supported the decision to report
and has kept health care personnel in confidence. In addition, the
Medical Advisory Board reviewed the criteria for reporting substance
abuse and decided that no changes were necessary. Case 2: Consequences of not reportingThe second case involved a civil lawsuit brought against a
physician for not advising PennDOT to recall a driver’s license. The
physician had reported the patient’s lapse of consciousness to PennDOT
but "did not know" if the patient could safely operate a vehicle given
his history. The Pennsylvania Superior Court ruled in favor of the
physician that the Pennsylvania Vehicle Code only requires health care
personnel to provide medical information to PennDOT, who then makes the
determination of a driver’s competency. |