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October 2024 - Client is Driving With a Suspended License

Question: My client, whose driver’s license was medically suspended, revealed that he has been driving. Do I need to report this to the Ministry of Transportation (MTO)?

Answer: Occupational therapists have a professional responsibility to address potential risks and safety issues with clients. If the occupational therapist is certain that their client’s driver’s license has been medically suspended, no further report to the MTO is required. A client who is driving without a valid driver’s license is violating the law and the occupational therapist may need to take other measures to address the risk.

Options to address driving risks may include

  • Informing the client of the potential consequences and legal implications to get the client’s agreement to stop driving
  • Consulting (with consent) with other interdisciplinary team members or the client’s family or social supports to work collaboratively to stop the client’s driving. This may involve engaging family members to take away the keys or vehicle.
  • Exploring alternative options for transportation and means to engage in their occupations.
  • Calling the police if there is a need to eliminate or reduce the risk of serious harm to the client or others.

Occupational therapists are required to obtain consent to collect, use and disclose information to others. Information may only be disclosed without consent if it is necessary for the purpose of eliminating or reducing the risk of serious harm to the client or others (Personal Health Information Protection Act, 2004, Section 40(1).

For more Q&As about discretionary reporting for fitness to drive, please see September 2024 - Discretionary Reporting.

For any questions, please contact our Practice Resource Service at 1-800-890-6570 ext. 240 or [email protected].

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