New guidance places patient confidentiality at risk

A local optician says patient confidentiality as well as driver and pedestrian safety is at risk after guidance which currently only applies to GP’s has failed to consider the implications for opticians and their patients.

Last November, draft guidance was issued by the General Medical Council advising GPs to breach patient confidentiality by reporting patients whose health could impact their ability to drive safely to the DVLA.

Optician Lesley Cree is appealing to her professional regulators, the General Optical Council for greater clarity as to whether opticians, as well as GPs, will also be obligated to report patients with poor eyesight to DVLA.

Commenting Lesley Cree, who runs her own opticians practice in Radcliffe on Trent said, “Currently it is very difficult for an optician to breach patient confidentiality and report anyone it feels should not be driving because of poor eyesight, and opticians are advised by the Association of Optometrists to seek legal advice before doing so.”

“On the basis that opticians consult with more patients with eye related problems than a GP is likely to see, it’s absolutely vital that this situation is clarified quickly and in a manner which does not deter people from seeking eye care advice for fear of being banned from driving.” she added.

Current legislation places the burden of legal responsibility on the driver to inform the DVLA if a condition or treatment affects their ability to drive. But according to the draft guidance, if a GP finds that a patient’s ability to drive becomes affected by their medical condition, they should raise the issue with them and persuade them to contact the DVLA and to stop driving. However, if patients continue to drive GPs are now advised to contact the DVLA immediately and report them.

This constitutes putting public interest and the safety of other road users above the duty of confidentiality.

The draft guidance comes in the wake of the crash of a bin lorry in Glasgow in December 2014, which killed six people, after the driver is reported to have lost consciousness behind the wheel.