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Difference between revisions of "Mental Health Law and Legal Rights (14:IV)"
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Mental Health Law and Legal Rights (14:IV) (view source)
Revision as of 17:55, 11 August 2023
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 11, 2023}} | ||
{{LSLAP Manual TOC|expanded = mentalhealth}} | {{LSLAP Manual TOC|expanded = mentalhealth}} | ||
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== E. Driving == | == E. Driving == | ||
A mental disorder does not automatically disqualify a person from driving. The Superintendent of Motor Vehicles—or a person authorized by the Superintendent—has the discretion to deny licences to those deemed “unfit” under section 92 of the ''Motor Vehicle Act'', RSBC 1996, c 318. This decision is based on the | A mental disorder does not automatically disqualify a person from driving. The Superintendent of Motor Vehicles—or a person authorized by the Superintendent—has the discretion to deny licences to those deemed “unfit” under section 92 of the ''Motor Vehicle Act'', RSBC 1996, c 318. This decision is based on the [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards Canadian Council of Motor Transport Administrators (CCMTA) Medical Standards with BC Specific Guidelines]. Each section describes the medical condition(s) under evaluation, the potential effect of the condition(s) on driving ability, and guidelines for assessing driving ability. | ||
Chapter 6 of the Guidelines discusses cognitive impairment (including dementia), while Chapter 14 addresses psychiatric disorders. The national standard allows those with psychiatric disorders to hold a license if their condition is stable, if they possess the insight to stop driving if their condition worsens, and if the faculties required to drive safely are not impaired. The BC Guidelines add that RoadSafetyBC can request a Driver’s Medical Examination Report and additional medical information from the individual’s doctor or mental health team. The Guidelines also set out the conditions for maintaining a license, for reassessment if a license is lost, and the information that will be sought from health care providers during an assessment. | Chapter 6 of the Guidelines discusses cognitive impairment (including dementia), while Chapter 14 addresses psychiatric disorders. The national standard allows those with psychiatric disorders to hold a license if their condition is stable, if they possess the insight to stop driving if their condition worsens, and if the faculties required to drive safely are not impaired. The BC Guidelines add that RoadSafetyBC can request a Driver’s Medical Examination Report and additional medical information from the individual’s doctor or mental health team. The Guidelines also set out the conditions for maintaining a license, for reassessment if a license is lost, and the information that will be sought from health care providers during an assessment. | ||
It is important to note that individuals who have been hospitalized due to a mental health issue must stop driving and report to RoadSafetyBC. Those who suffer a psychotic episode may have to undergo annual re-assessment until their doctor reports that the episodes have abated enough to resume driving. While assessments must rely primarily on clinical evaluations, re-assessment intervals may be determined on an individual basis by RoadSafetyBC. The assessment guidelines, as well as their rationale, can be reviewed online at | It is important to note that individuals who have been hospitalized due to a mental health issue must stop driving and report to RoadSafetyBC. Those who suffer a psychotic episode may have to undergo annual re-assessment until their doctor reports that the episodes have abated enough to resume driving. While assessments must rely primarily on clinical evaluations, re-assessment intervals may be determined on an individual basis by RoadSafetyBC. The assessment guidelines, as well as their rationale, can be reviewed online at https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/medical-fitness/medical-prof/med-standards/14-psychiatric#14.6.1. | ||
A review of a driver medical fitness decision can be requested at no cost in the event that a medical condition has changed or improved. RoadSafetyBC’s adjudicator or a nurse case manager will consider any information provided, but an up-to-date medical assessment from a physician is required. | A review of a driver medical fitness decision can be requested at no cost in the event that a medical condition has changed or improved. RoadSafetyBC’s adjudicator or a nurse case manager will consider any information provided, but an up-to-date medical assessment from a physician is required. | ||
