Clarification of CPAP Compliance Data Use and Enforcement

That CVSA consider guidance to members that CPAP compliance data is not suitable for use in hours of service enforcement.

On two separate occasions we have dealt with incidents with roadside enforcement officers asking a driver on a CPAP machine for treatment of sleep apnea if they could view their CPAP machine compliance data. Compliance data in general will show both time and effectiveness of use. In both occasions the officer wanted to compare the CPAP compliance data to hours of service logs. If the CPAP showed use when logged as driving they planned to take enforcement action. In both of these incidents, after the inspection, the driver reached out for assistance and we made contact with the officer's management. In both cases when management became involved they immediately understood the HIPPA and ADA issues involved. Both incidents were informally addressed to the driver's satisfaction. There are a variety of technical issues around the time data in CPAP machines. It is set at the factory and not automatically updated. There is also nothing showing time zone in many models. Changing or confirming current time to compare or adjust compliance data would require accessing clinical settings menus a non-medical professional should not access. Compliance with the Health Information Privacy and Portability Act has comes into play accessing medical data like this. Last, the Americans with Disabilities Act prohibits enforcement due to an actual or perceived disability. Sleep apnea is a disability under the act. In discussing this informally with CMV enforcement staff in several states no one in enforcement has any real interest in using CPAP compliance data. The two incidents we have dealt with appear to be overzealous individual officers where their management handled the problem appropriately. For other groups within CVSA like OOIDA getting a policy statement or guidance about CPAP compliance data access could be \"spun\" as a win for driver's advocacy. The Driver-Enforcement Committee was suggested as a venue for this item. By happenstance Marsh Vande Hei is the Secretary of this committee. While I only know her by reputation, her experience with HIPPA and other medical issues through FirstLab might make this an easy action item for all.

That CVSA issue guidance to its membership that CPAP compliance data is not a suitable form of supporting documentation for use in hours of service enforcement.