Those health forms -- Truth or Consequences?

[captain]

Captain wrote as a somewhat irrational response
Captain, no, but I also have not agreed to drive WITH the impaired driver who is about to hit me.

In the particular case, I am relying on my buddy to be up front and honest about his abilities as we go 1200+ feet from "The Big Air Tank." There is no comparable relationship between me as a driver on the road and every other driver.

Want to try again why your buddy shouldn't be honest with you about potential problems?

Just hand your insta-buddy a medical form to fill out before the dive if it is that important to you to know his medical history. Don't dive first and complain later when you find out he has a medical condition that you think he should have disclosed to you, that or else don't dive with insta-buddies.

 

[k ellis]

Just a side note on this topic also in the U.S. you are not required to disclose your medical information to anyone for any reason unless you decide yourself to do so. Its under the Hippa Laws. Its really not much diffrent then a doctor at a hospital cant make you tell him your history allthough it would be wise to do so.

In the event they pushed the issue and demanded you give them your medical history their could be severe penalties for doing so. By this measure alone if you do mark no on any of the forms and something bad did happen it would be on you and not on the agency or dive operator.

 

[boulderjohn]

Far too many dive operators are not interested in simply saying "oh, ok you have clearance, thanks for being honest, let's go dive." Instead they say "Oh, you said yes, we aren't interested in what your doctor has to say." Even though the person's physician is going to be the person who has the necessary health history to actually make a fully informed recommendation, the dive operator will require a local doc. Creating unnecessary inconvenience and cost. Or worse they'll just say "Um, we choose to not let you dive with us."

You guys must be having some very interesting experiences with dive operators. I have never heard of a dive operator ask me for a medical release, let alone tell me the one I have is not good enough.

Can you identify which operators these are that are requiring this so that people can be prepared when they meet them?

 

[Papa_Bear]

JUST SAY NO! Go diving and if the **** hits the fan it is YOUR responsibility! Period, end of story! If you have a medical condition have a tag, a good buddy, or a See View med record! Otherwise have a good time with the can of worms you just opened!

 

[boulderjohn]

Just a side note on this topic also in the U.S. you are not required to disclose your medical information to anyone for any reason unless you decide yourself to do so. Its under the Hippa Laws. Its really not much diffrent then a doctor at a hospital cant make you tell him your history allthough it would be wise to do so.

In the event they pushed the issue and demanded you give them your medical history their could be severe penalties for doing so. By this measure alone if you do mark no on any of the forms and something bad did happen it would be on you and not on the agency or dive operator.

The difference is that you are not required to get dive training. They cannot force you to fill out the form, but you cannot force them to instruct you, either.

 

[RJP]

Just a side note on this topic also in the U.S. you are not required to disclose your medical information to anyone for any reason unless you decide yourself to do so. Its under the Hippa Laws. Its really not much diffrent then a doctor at a hospital cant make you tell him your history allthough it would be wise to do so.

In the event they pushed the issue and demanded you give them your medical history their could be severe penalties for doing so. By this measure alone if you do mark no on any of the forms and something bad did happen it would be on you and not on the agency or dive operator.

Just so you know, you're wrong.

A.) HIPPA doesn't apply to YOU disclosing your medical information, it applies to healthcare providers and insurance companies not providing your info without your permission.

B.) No one is required to train you or allow you on their dive boat. If they say you need to fill out a form to do so, you must if you want to take the class or get on the boat. If you elect not to fill out the form, that's your right. But then you're not taking the class or getting on the boat.

HIPPA is one of those things that many people love to tout, usually without a whit of understanding.

 

[k ellis]

The difference is that you are not required to get dive training. They cannot force you to fill out the form, but you cannot force them to instruct you, either.

That is true and I can not argue that I was only stating both sides have an option. Its a 2 way street indeed.

 

[k ellis]

Just so you know, you're wrong.

A.) HIPPA doesn't apply to YOU disclosing your medical information, it applies to healthcare providers and insurance companies not providing your info without your permission.

B.) No one is required to train you or allow you on their dive boat. If they say you need to fill out a form to do so, you must if you want to take the class or get on the boat. If you elect not to fill out the form, that's your right. But then you're not taking the class or getting on the boat.

HIPPA is one of those things that many people love to tout, usually without a whit of understanding.

Actually Im right but just so you know its illegal to attempt to gain ones medical records period with out consent. Now would they get charged with this in this instance? Probably not since it is a request but none the less once someone is told that they do not want to discuss medical information anything after that point would be considered illegal just the same as sexual harassment.

one reason being that if they leave the forms laying around where anyone can read it then it could be a violation
So yes I am right sorry but I have first hand experience in this since I work in a hospital setting most of my time and we are required to certify on this very subject every year.

 

[theduckguru]

Just so you know, you're wrong.

A.) HIPPA doesn't apply to YOU disclosing your medical information, it applies to healthcare providers and insurance companies not providing your info without your permission.

B.) No one is required to train you or allow you on their dive boat. If they say you need to fill out a form to do so, you must if you want to take the class or get on the boat. If you elect not to fill out the form, that's your right. But then you're not taking the class or getting on the boat.

HIPPA is one of those things that many people love to tout, usually without a whit of understanding.

Good point; the boat captain, a DM, and scuba instructor or an LDS is also not stating on most medical discloser forms that the information will be kept confidential either.

 

[k ellis]

B.) No one is required to train you or allow you on their dive boat. If they say you need to fill out a form to do so, you must if you want to take the class or get on the boat. If you elect not to fill out the form, that's your right. But then you're not taking the class or getting on the boat

This is correct and as I mentioned to RJP its a 2 part decision to do the dive. It takes both the operator/instructor agreeing to meet you on your request and you agreeing to meet him on his request.

If you request a dive and he says he will take you but you have to fill out a form then both request have been met. All I was saying is that your not require to fill anything out by law only by the operator or agency who request it. False information on the form may get you booted but its not illegal since the document is not an actual legal document (Court papers as an example) What will happen with false information is that if you dont disclose a heart condition and you have a heart attack then it would not be the operator at fault since it was falsely reported.

Im not trying to in any way shape or form support false information or denounce it since its a personal choice All I am trying to do is state the obvious