FAQ
It is currently Thu Apr 19, 2018 6:14 pm

Shop Amazon and Support FreeCPAPAdvice

Please consider a small donation to FreeCPAPAdvice.com above, through Patreon, or using the Amazon Shopping link above when you purchase through Amazon. Thank you so much for your support!

Click the Patreon link and Sponsor FreeCPAPAdvice.com

Author Message
SRM321
Unread post  Post subject: Legality Regarding Diagnosis  |  Posted: Sat Aug 11, 2012 9:26 pm

Joined: Sat Aug 11, 2012 8:55 pm
Posts: 1

Offline
I drive for a living and recently was told by my employers that I had to undergo a sleep study withing in 31 days or be put in a medically disqualified status which ultimately means I would not receive any pay at work until I complied to agree to a sleep study.

I have never been screened for sleep apnea before and I was upset because I felt as though I was being singled out when I have never had any symptoms of sleep apnea and I have never ever even fallen asleep behind the wheel of any vehicle or even been overly tired in my life.

I felt I was being singled out because of being overweight because I have never answered any questions regarding sleep apnea screening and my recent DOT physical showed I passed with flying colors.

So I called my doctor for a referral to the nearest sleep clinic but I was told the soonest appointment was over 31 days away which would have meant I wouldn't be compliant if I waited to take the sleep study. Therefore, I agreed to take the study at a clinic in Southern California which was paid for by my employers.

However, it was over 6 hours away and the clinic I was referred to on my paper was at a hospital which I later was told via telephone that I would be going to a different clinic in the same area.

This struck me as odd, but what was even more odd to me was the fact no doctor's or nurses were on site nor were any certified sleep techs.

In fact, the lady who hooked up my leads couldn't speak English at all, and when I asked to see her certification she told me outright that she was not certified and also verified that the one man with board certs visible on the wall would be absent all night.

Furthermore, the next day I was diagnosed with mild hypopnea, sent home with a CPAP machine, and given a diagnosis paper signed by a doctor in a different city with a diagnosis date showing as the day of my arrival, instead of the day after, so I was seemingly diagnosed BEFORE I EVEN UNDERWENT THE STUDY!

So I guess my question is, what should I do? I am currently waiting for a second sleep study but must wait at least another month before I can get in and see a qualified tech. I was also told I must comply, at work, even though the CPAP machine makes me feel more tired than I have ever felt in my life because I am constantly hyperventillating when I wear it.

My other question is:

Is it legal for an uncertified tech to hook up leads, with no certified techs or doctor's on site, in the state of California?

And if such is the case, should a certified tech be able to affect my ability to work if an unqualified tech's lack of knowledge was not allowed to be considered, in the process, of diagnosising me?


Top
TheLankyLefty
Unread post  Post subject: Re: Legality Regarding Diagnosis  |  Posted: Mon Aug 13, 2012 9:20 am
User avatar
Site Admin

Joined: Mon Aug 15, 2011 10:22 am
Posts: 4581
PAP Mask: Practically tried them all.
PAP Machine: Use Phillips Respironics System One APAP with Aflex for mask testing
Humidifier: None
Pressure Setting: When testing, I use APAP with a range of 5-10

Offline
SRM321 wrote:
So I guess my question is, what should I do? I am currently waiting for a second sleep study but must wait at least another month before I can get in and see a qualified tech. I was also told I must comply, at work, even though the CPAP machine makes me feel more tired than I have ever felt in my life because I am constantly hyperventillating when I wear it.

My other question is:

Is it legal for an uncertified tech to hook up leads, with no certified techs or doctor's on site, in the state of California?

And if such is the case, should a certified tech be able to affect my ability to work if an unqualified tech's lack of knowledge was not allowed to be considered, in the process, of diagnosising me?
I'm not sure what the legalities are regarding Commercial Drivers. At my lab we do get commercial driver often and do have restrictions put on them until they have screening and receive treatment. It happens frequently, but whether or not it's legal to specifically send you I don't know. Seems like every time a truck accident occurs there is blame of sleep apnea. I don't know if the DOT requires X number of people to be screened a year. Maybe it's an insurance requirement that anyone with a BMI of "X" has to be screened....I don't know.

Can you just talk to your employer and ask? "I passed my physical with no problems, so why do I have to be screened for apnea?"

You can always call the sleep lab and be asked to be put on the cancellation list. People cancel last minute all the time and they would love to be able to fill the spot. My lab has a wait time of 2 months (with 8 beds), but at least one person cancels each night. Sometimes two. We fly through the cancellation list.

You may be feeling worse with CPAP if the pressure isn't correct for you, or the mask isn't fitting properly. It will cause a host of problems that will degrade your sleep even more. How was your pressure determined? What mask are you wearing? Do you know what the leak rates are nightly?

In California, it is legal for an uncertified technician to hook you up with leads under the direct supervision (on site) of a Registered Polysomnographic Technologist. No physician needs to be present, but a diplomate of the AASM must review the raw data from your sleep study during their dictation/interpretation. (nurses aren't involved in sleep studies) The RPSGT MUST be on site during the entire recording and an RPSGT must also do the scoring of the sleep study. By the end of the year they must also be licensed in the state of California.

Even being given a diagnosis the day you woke up from the sleep study is extremely fast and extremely "sketchy." Not that it can't happen, but.......
Did they know of your time crunch and were possibly doing you a favor? We do that for people sometimes, but only if it's a reason such as yours.

_________________
TheLankyLefty
http://www.youtube.com/TheLankyLefty27
Consider being our Patreon: https://www.patreon.com/FreeCPAPAdvice
Shop Amazon and help out FreeCPAPAdvice by using this link: http://amzn.to/2dY19oA
Information on FreeCPAPAdvice.com should not be considered medical advice. Seek your physicians advice before seeking treatment for medical conditions. Information posted on the FreeCPAPAdvice.com website and forum is opinion and not statements of fact.


Top
Display posts from previous:  Sort by  
Print view

Who is online
Users browsing this forum: No registered users and 1 guest
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum
Jump to:  


Delete all board cookies | The team | All times are UTC - 8 hours [ DST ]

Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group
DAJ Glass 2 template created by Dustin Baccetti