Legal Definition of a severe hypo.

[Ron Ashworth]

Can anyone tell me the actual law that states that if you are given assistance from a third party during an hypo, any such hypo is classed as being severe? Thanks in advance. Ron

 

[Robin]

Can anyone tell me the actual law that states that if you are given assistance from a third party during an hypo, any such hypo is classed as being severe? Thanks in advance. Ron

I don’t know what the actual piece of legislation is, but the wording on the guidance says if you need assistance, not if you are given it. If someone assists you, but you didn’t actually need the help, then it doesn’t count as ‘needing assistance' Will try and find the actual wording and come back to this.

 

[Pumper_Sue]

If they just pass you hypo treatment then no it's not classed as severe. If they have to give you/feed you the hypo treatment then that is classed as incapable thus severe.

 

[Inka]

Severe hypoglycaemia​

The law defines ‘severe’ as an episode of hypoglycaemia requiring the assistance of another person.

The key word there is “requiring” - ie you’re unable to help yourself because you’re unconscious, having a hypo seizure, etc. If someone intervenes to help you when you’re perfectly capable of sorting it yourself then that doesn’t count as you haven’t “required”the assistance.

 

[Robin]

Sorry, I’m struggling with this, and I haven’t got time to wade back through all the amendments. The most recent Statutory Instrument is here, but it refers to previous SIs where the regulations aren’t actually changing, and I’m getting lost in the maze.

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2011

These Regulations implement the minimum standards of medical fitness required for diabetes mellitus (“diabetes”), as specified in Directive 2009/112/EC of 25 August 2009 and Directive 2009/113/EC of 25 August 2009 (“the Medical Directives”) (O.J. No. L 223, 26.8.09, p.26 and p.31) which amend...

www.legislation.gov.uk

 

[Ron Ashworth]

Severe hypoglycaemia​

The law defines ‘severe’ as an episode of hypoglycaemia requiring the assistance of another person.

The key word there is “requiring” - ie you’re unable to help yourself because you’re unconscious, having a hypo seizure, etc. If someone intervenes to help you when you’re perfectly capable of sorting it yourself then that doesn’t count as you haven’t “required”the assistance.

I needed help because I was paralized due to administration of an epidural anaesthetic which was used to elimenate the pain that I would have encountered during a 90 minute knee replacement operation. The assistance was nothing to do with the hypo that the anaesthetist detected in the recovery room.

 

[Inka]

I needed help because I was paralized due to administration of an epidural anaesthetic which was used to elimenate the pain that I would have encountered during a 90 minute knee replacement operation. The assistance was nothing to do with the hypo that the anaesthetist detected in the recovery room.

I remember @Ron Ashworth 🙂 The issue would be if the hypo itself had rendered you unable to treat it, I believe. As an example, if someone had tidied my kitchen and put my glucose tablets away in the wrong cupboard - a high cupboard that I couldn’t reach - someone might assist in reaching them but that is unrelated to my hypo.

Is this a new issue with the DVLA? I thought you’d got your licence finally?

 

[Ron Ashworth]

I remember @Ron Ashworth 🙂 The issue would be if the hypo itself had rendered you unable to treat it, I believe. As an example, if someone had tidied my kitchen and put my glucose tablets away in the wrong cupboard - a high cupboard that I couldn’t reach - someone might assist in reaching them but that is unrelated to my hypo.

Is this a new issue with the DVLA? I thought you’d got your licence finally?

Yes, Inka, I got my licence back but I am in the process of complaining to an Independent Complaints Assessor.

 

[Inka]

Ok. Are you saying the wording of the question is unclear? Perhaps it could add an additional question to clarify? Good luck anyway 🙂

 

[Deleted member 21371]

I believe it's if you are recorded as needing treatment.
If it's not on your medical records, it never happened.

 

[AndBreathe]

I believe it's if you are recorded as needing treatment.
If it's not on your medical records, it never happened.

I wouldn't lay money on it, but that's not how the Endo our local Diabetes UK had to speak at the group before the pandemic. His description was aligned to the descriptions above; in essence needing to be fed the treatment.

 

[Deleted member 21371]

I wouldn't lay money on it, but that's not how the Endo our local Diabetes UK had to speak at the group before the pandemic. His description was aligned to the descriptions above; in essence needing to be fed the treatment.

And that's when you need to learn who your friends are. Did you report them?

 

[everydayupsanddowns]

I remember @Ron Ashworth 🙂 The issue would be if the hypo itself had rendered you unable to treat it, I believe. As an example, if someone had tidied my kitchen and put my glucose tablets away in the wrong cupboard - a high cupboard that I couldn’t reach - someone might assist in reaching them but that is unrelated to my hypo.

Yes this is my understanding too. Severe hypos are ones for which you NEED 3rd party assistance, because you are unable to treat it yourself. So not ones where you ask someone to fetch you the jelly babies from the side, but ones where you have lost the plot and actually aren’t able to self treat any more.

 

[Deleted member 21371]

Have a look at

Information for drivers with diabetes

Further information on what drivers with different types of diabetes need to tell DVLA by law.

www.gov.uk

Diabetes mellitus: assessing fitness to drive

Advice for medical professionals to follow when assessing drivers with diabetes mellitus.

www.gov.uk

and the links.