When a patient appears incapable of using good judgment, intervention by a responsible person in the health care setting is justified. The type of intervention depends on the circumstances and the clinician-patient relationship.
Episodic Encounter
If a drug or alcohol impaired patient encountered in an emergency setting refuses treatment and insists on driving, the least troublesome intervention is to detain the impaired patient while ordering a cab, finding a ride, or waiting for sobriety. Asking permission to call a friend or relative on the patient's behalf may also work. If all else fails, and the individual is so impaired as to present real risk to him/herself or others, the local police will place such a person in protective custody.
Cognitively Impaired or Elderly Patients
Clinicians often observe or are alerted to the fact that a patient under their care can no longer safely drive a car. Under these circumstances, you have a duty to the patient to reduce the risk that the patient will harm him or herself and a duty to take appropriate precautions to reduce risk of harm to potential victims.
Schedule a counseling session with the patient and his or her family to discuss the gravity of risks associated with driving. An important objective of the meeting is to facilitate patient understanding of the continued risks of driving and to enlist family support to help the patient voluntarily give up the privilege. Document counseling measures in the patient's medical record. You may also refer patients and families to various community or hospital-based programs that are designed to ensure driving safety for people of all ages who have experienced neurological, psychological, or physical impairments.