GUIDELINES IN OKLAHOMA

COPE

Richard Dasheiff, M.D.

Regulations changed July 15, 2000 requiring a person to be seizure free only 6 months (versus 1 year previously). The full Board will meet Sept 28, 2000 to discuss issues, including dissemination of this info.

Informal appeals process is handled by the Executive Secretary who acts for the MAB. Sent to a district court if necessary.

MAB advises DPS. Composed of physicians, including two Neurologists (Kent Smalley - OKC, Wayne Wasemiller - OKC).

Strictly nocturnal seizures are exempted, with duration of disorder to qualify at the discretion of the physician. Same with a deliberate physician change in medication resulting in a seizure. OK DPS works with physicians and generally supports their recommendations. But physicians can make themselves liable if they stretch it too far.

Physicians are not required to report patients by OK law. Anyone, lay person or physician, can report someone to the DPS for a medical condition. But, it must be in writing, have your name and address, and be credible. Physicians are covered under the Good Samaritan Act when reporting patients in good faith.

Photo ID available for a small charge.

License is valid unless DPS knows you have epilepsy and sends you a letter revoking your license. Legally, unless you get a letter you can still drive. However, your civil responsibility applies, and lawsuits against you for accidents can be filed.

Jay Wall, Senior Hearing Officer
Dept. of Public Safety, Driver Improvement
PO Box 11415
Oklahoma City, OK 73136-0415
phone: (405) 425-2071
fax: (405) 425-2061

OKLAHOMA REGULATIONS: SUBCHAPTER 5. MEDICAL ASPECTS

595:10-5-1. Purpose

To operate a motor vehicle, a driver must possess certain physical and mental abilities. The first and primary purpose and intent of the Department of Public Safety is to license new applicants and to renew driver licenses of persons with these abilities but, when necessary, to restrict, deny, cancel, or disqualify the driving privilege of those applicants or licensees who present an unwarranted risk or do not meet the minimum standards.

595:10-5-2. Sources of medical information

The sources of information regarding physical and mental conditions which might affect driving are:
(1) original and renewal driver license applicants,
(2) traffic records,
(3) Department of Public Safety hearing officers,
(4) law enforcement officers,
(5) driver license examiners,
(6) judges,
(7) licensed health care professionals,
(8) collision reports,
(9) voluntarily surrendered driver licenses,
(10) relatives, and
(11) private citizens.

595:10-5-3. Medical reports

Ordinarily, the fitness of an applicant to be granted driving privileges and a driver license can be determined by personnel of the Department. However, medical judgment is sometimes necessary to assist in this determination. Medical reports by family physicians or medical specialists may be required as provided by 47 O.S. §6-119. These medical reports may be referred to the Medical Advisory Committee for evaluation and recommendation. The Medical Advisory Committee, as authorized by 47 O.S. §6-118, recommends standards for determining the physical, emotional, and mental condition of a person to safely operate a motor vehicle. The Department makes the final determination in the granting of driving privileges and the issuance of a driver license. Denial or cancellation of a person's driving privileges and driver license by the Department may be appealed to the court [47 O.S. §6-211]. Other sections of the Oklahoma Statutes affecting the medical aspects of driver licensing are: 47 O.S. §§6-103(A)(7), 6-113, 6-118, 6-119, 6-120, 6-207, and 6-209; and 43A O.S. §3-402.

595:10-5-5. Metabolic diseases
(a) Diabetes mellitus.
(b) Hypoglycemia.

595:10-5-6. Cardiovascular diseases

(a) Standards for Class D driver license.
A person who suffers from uncompensated congestive heart failure, arrhythmia, carotid sinus sensitivity, syncopal episodes, or myocardial infarction shall not be licensed if the condition would impair the person's functional capabilities to safely operate a motor vehicle.

(b) Standards for Class A, B, or C commercial driver license.
A person with proven myocardial infarction and/or congestive heart failure, cardiac arrhythmia, or coronary insufficiency, or who experiences attacks of syncope shall not be licensed for a Class A, B, or C commercial driver license unless individually approved by the Medical Advisory Committee or its designated representative, depending upon the severity of the condition.

595: 10-5-7. Visual problems

595:10-54. Musculoskeletal problems

(a) Musculoskeletal impairment.

A person with a significant impairment such as amputation, polio, or any other crippling muscular or skeletal disorder which may affect the person's ability to safely operate a motor vehicle shall not be licensed until a medical report is submitted by his or her physician, if so requested by the Department, and the person is examined for placement of appropriate restrictions on the driver license, as deemed necessary by the Department.

(b) Bi-lateral upper extremity handicapping conditions.

For the purpose of this Section, a handicapped person is defined as one with a condition of significant deformity, weakness, or paresis, or with a paralysis of both upper extremities.

(c) Requirements for licensing handicapped persons.

The Department may consider licensing a handicapped person upon the recommendation of the Medical Advisory Board or its designated representative; provided, if required by the Department, the applicant will agree to:
(1) Furnish any necessary medical reports,
(2) Equip the vehicle properly,
(3) Consent to extensive examination of driving skills so the Department can better determine the person's endurance, the person's ability to react to and avoid hazardous conditions, and the reliability of the vehicle equipment, and
(4) Complete a driver education or driver training course approved by the Department.

(d) Limited licensing.

Each person with a diagnosis that would place him or her under the provisions of (a) or (b) of this Section, whereby the condition is severe enough to preclude licensing, may be given individual consideration toward limited licensing.

595:10-5-9. Neurological disorders

(a) Definitions.

The following words and terms, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise.
(1) "Altered consciousness" means the sudden or unexpected lapse, loss, or alteration of awareness, contact with the environment, or consciousness.
(2) "Epilepsy" means a neurological disorder characterized by episodes of sudden altered consciousness and/or temporary loss of body motor control.
(3) "Episode" means any incident or segment of time (such as an attack, fit, blackout, convulsion, or seizure) involving altered consciousness and/or loss of body control.
(4) "Medical reporting" means, when medical reports are incomplete or contain insufficient information, referral of a person for an evaluation to be submitted to the Department by a licensed physician specializing in the appropriate medical field.
(5) "Neurological disorder" means a malfunction or disease of the nervous system.

(b) Epilepsy.

(1) Standard for Class D driver license.
(A) Conditions. A person shall be issued or allowed to maintain a driver license if currently episode-free for a period of six (6) months and a favorable recommendation for driving from the treating physician is received by the Department.

(B) Exceptions. If an episode(s) occurs:

(i) The person's driving privilege shall not be canceled or denied if:
(I) the episode(s) was due to a deliberate change in anti-convulsant medication ordered by the person's physician,

(II) the medical examination indicates episode control has again been established with reasonable certainty, and

(III) the treating physician gives a favorable recommendation for driving; or

(ii) The person's driving privilege shall not be canceled or denied if:
(I) the person's physician indicates the episode(s) was an isolated occurrence,

(II) the medical examination indicates another episode is unlikely to occur with reasonable medical certainty, and

(III) the treating physician gives a favorable recommendation for driving.

(iii) The person's driving privilege shall not be canceled or denied if the episode(s) is the result of a seizure disorder which is diagnosed as strictly nocturnal in nature or occurring only while asleep, unless the treating physician recommends otherwise.
(C) Restrictions.

The Department may restrict a person's driving privilege based upon the recommendation of the physician performing the medical examination or upon the recommendation of the Medical Advisory Committee, if the minimum standards are met.

(2) Standard for Class A, B, or C commercial driver license.
(A) Conditions. A person shall not be issued or allowed to maintain a Class A, B, or C commercial driver license unless he or she has been currently episode-free for a five (5) year period, has a normal examination, and has a normal electroencephalogram.

(B) Restrictions. The Department will restrict a person's Class A, B, or C commercial driving privilege to preclude the operation of a school bus or commercial vehicle transporting passengers or dangerous or hazardous materials. The Department shall place driving restriction code number eight (8) so stating on the person's Class A, B, or C commercial driver license.

(3) Reporting requirements.
Future periodic medical reporting shall be required. In addition, should another episode occur, the person's driver license shall be voluntarily surrendered to the Department until such time as the person is again determined by the Department to be medically qualified to drive.

(4) Discontinuation of Medications.
Periodic medical reporting may be discontinued and the person may be considered for a Class A, B, or C commercial driver license without driving restriction code number eight (8), if the licensee submits proof from the licensee's treating physician that he or she has been:

(A) free from lapses of consciousness, seizures, or epileptic episodes for two (2) years, and

(B) off all anti-convulsant medication for two (2) years.

(d) Parkinson's disease.

(e) Cerebral palsy.

A person with rigid or severe athetoid condition shall not be licensed. A person with mild spastic paraplegia and mild athetosis may be licensed provided other simultaneous difficulties, such as organic brain damage or uncontrolled convulsive disorders, are not present.

(f) Progressive neuromuscular disorders.

595:10-5-10. Mental ability

(a) Performance.

When a person's performance on the driver license examination or other information on file indicates a possible lack of mental ability to understand and/or perform properly as a driver, the Department may require timely medical evaluation, psychological evaluations and/or an adult intelligence test, results of adaptive behavior functioning tests, an estimated reading level, and any other information or test results that would assist the Department in determining the person's skill to operate a motor vehicle and judgment to handle common road hazards and emergency situations. The Department may also require a complete or partial driver examination or reexamination by Department personnel to determine the person's ability to safely operate a motor vehicle.

(b) Impaired ability.

A person whose test results reflect impaired ability may be given consideration toward a limited or restricted Class D driver license provided the person can complete all portions of the driver examination and otherwise demonstrate the ability to safely operate a motor vehicle.

(c) Emotional distress.

When emotional distress is chronic, inattentiveness, despondency, aggressiveness, and lack of concern for the safety of others may also be chronic. A person with such a condition shall not be licensed until a medical report is submitted to the Department by the person's psychiatrist or psychologist stating the person's reactions have been controlled to a degree which renders him or her able to operate a motor vehicle safely.

(d) Psychological evaluation.

A psychological evaluation, when required, shall be administered by a licensed psychiatrist, a psychologist licensed in Oklahoma, or a doctoral level psychologist licensed for independent practice in another state.

595: 10-5-11. Neuropsychiatric disorders [REVOKED]

596:10-5-12. Alcohol and/or other intoxicating substance abuse.

595:10-5-13. Requests for review of driving ability

(a) Behavior indices.

A person licensed to drive in this state coming to the attention of the Department because the person has developed disorientation, mental confusion, senility, lapses of attention, behavioral changes, impaired reflexes, impaired balance recovery, or orthostatic hypotension, or has developed any condition which would cause loss of control or partial control of a motor vehicle, shall be reviewed.

(b) Evaluation.

When the Department has good cause to believe the person may be afflicted with any physical or mental ailment, or when the person's driving record indicates the person may be a hazard to public safety, the person may be required to submit to a physical examination, mental examination, and/or be examined as provided by Oklahoma Statutes. [47 O.S. § 6-110 and 6-119]

(c) Special restrictions.

Each case shall be judged on its own merits as to issuance, cancellation, or denial of driving privileges and a driver license, depending upon records, reports, medical reports, and the driving ability of such person. When possible, driving shall be permitted by imposing appropriate restrictions, which the Department shall place on the driver license of the person.

595:10-5-15. Conflicting information

When conflicting medical opinion exists the person in question may be referred for final evaluation to a clinic or to a physician specializing in the appropriate medical field. Referrals under conditions of conflicting medical opinion will be made by the Executive Secretary of the Medical Advisory Committee. When conflicting opinions exist among professional consultants, the licensee shall be examined by a physician specializing in an appropriate field of medicine.

595:10-5-16. Giving of notice

If a person does not receive notice when the Department has complied with the provisions of 47 O.S. §2-116, this shall not preclude the person from meeting all provisions as set out in this Subchapter.

595:10-5-17. Reexamination requirements

(a) The Commissioner, having good cause to believe a person is not competent or otherwise qualified to be licensed, may, within at least thirty (30) days from the date of request by the Department, require that person to submit to an examination as provided under the rules for driver examination [OAC 595:10-3].

(b) Any person who refuses or fails to submit to the examination shall have his or her driving privileges and driver license canceled as provided by 47 O.S. §6-120.

(c) Any person who fails to qualify on the reexamination in accordance with the rules for driver examination [OAC 595:10-3] shall have his or her driving privileges and driver license canceled as provided by 470.5. §6-120.

595:10-5-18. Right of appeal

Whenever the Department denies or cancels a person's privilege to operate a motor vehicle relative to the person's physical or emotional condition, said person shall have the right of appeal to District Court as provided by 47 O.S. §6-211.
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