Read Tim Wise passes along this; I’m not sure what the legally right answer is (it turns a lot on administrative law and due process questions related to revocation of generally available licenses, which isn’t exactly in my field), but it seems worth thinking about:
A man who told doctors at a hospital that he drinks more than a six-pack of beer per day is now fighting to get his driver’s license back because the physicians apparently reported him to the state.
Keith Emerich, 44, said Tuesday he disclosed his drinking habit in February to doctors who were treating him for an irregular heartbeat.
“I told them it was over a six-pack a day. . . .” . . .
Emerich received a notice from the Pennsylvania Department of Transportation in April that his license was being recalled effective May 6 for medical reasons related to substance abuse. He has petitioned a judge to restore the license, and a hearing has been set for July 29.
A state law dating back to the 1960s requires doctors to report any physical or mental impairments in patients that could compromise their ability to drive safely, PennDOT spokeswoman Joan Nissley said. . . . The law requires an indefinite recall of the license until the driver can prove that he is competent enough to drive. . . .
Aside from a drunken-driving conviction when he was 21, Emerich, a pressman at a local print shop who lives alone, said he has a clean driving record and doesn’t drink and drive. . . .
“They want me to go to counseling to prove that I’m OK,” Emerich said. . . .
Pennsylvania’s transportation agency receives about 40,000 medical reports and recalls 5,000 to 6,000 licenses a year, but does not keep any statistics on its reasons for doing so, Nissley said. . . . .
Pennsylvania is one of six states that require doctors to report motorists with medical conditions that could affect their driving ability to state licensing agencies, according to the American Association of Motor Vehicle Administrators.
The other states are California, Delaware, Oregon, Nevada, and New Jersey. All other states and the District of Columbia allow physicians to submit reports on a voluntary basis. . . .
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