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DVLA - Consent for the Release of Relevant Medical Information

You no longer need to see the written consent of your patient to share relevant information with the DVLA, the consent will have been given and this is legally assured

Since August 2009, new rules called Consent by Assurance were implemented by the DVLA relating to the release of relevant medical information for patients applying for driving licences.

The BMA has given agreement that DVLA no longer need to provide the patient's written consent for access to the relevant parts of their records for the purposes of being granted a driving licence.  See attached DVLA Letter

We are aware that this agreement might generate concerns amongst GPs about patient confidentiality.  The GMC web site has a frequently asked questions section to supplement  their confidentiality guidance

One scenario advises that doctors should:-  

"Obtain, or have seen, written consent to the disclosure from the patient or a person properly authorised to act on the patient's behalf. You may, however, accept written assurances from an officer of a government department that the patient's written consent has been given."

The BMA has taken legal advice about a system of accepting such assurances from a government department, and received written assurances from the DVLA, in the form of a written legal indemnity.

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Updated on 07 October 2015 1914 views