Purpose, Definitions, Report of Deficit or Disorder to the Department, Medical Review, Administrative Hearing Procedures, Seizures, Loss of Consciousness, Cardiovascular Deficits, Deficits of Memory or Judgment, Musculoskeletal and Neuromuscular ...
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
RULE NOS.:RULE TITLES:
15A-5.001Purpose
15A-5.0010Definitions
15A-5.002Report of Deficit or Disorder to the Department
15A-5.0021Medical Review
15A-5.0022Administrative Hearing Procedures
15A-5.004Seizures
15A-5.005Loss of Consciousness
15A-5.006Cardiovascular Deficits
15A-5.008Deficits of Memory or Judgment
15A-5.009Musculoskeletal and Neuromuscular Disorders
15A-5.010Severe Mental Disorders
15A-5.011Vision Standards
15A-5.012Drug Addiction and Alcoholism
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 236, December 8, 2017 issue of the Florida Administrative Register.
15A-5.001 Purpose.
These guidelines are used by the Medical Advisory Board of the Department of Highway Safety and Motor Vehicles for the purpose of guiding the Board’s determination and assessment of the mental or physical deficits affecting the ability of an applicant or licensed driver to safely operate a motor vehicle in those cases submitted to the Board for its review and recommendation. These guidelines will not be construed as limiting the exercise of the Board’s discretion in recommending its position to the Department on any particular case, which will be based upon the professional judgment of the members.
Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c), FS. History–New 7-5-81, Amended , Formerly 15A-5.01, Repealed .
15A-5.0010 Definitions.
(1) through (9) No change.
(10) Drugs – Any drug classified as a controlled substance under Title 21 U.S.C. s. 802(6) (2017), as of 10/01/2017, [hyperlink], herein incorporated by reference effective 03/18, Schedules I-V of Title 21 C.F.R. ss. 1308.11 – 1308.15 (04/01/2017 edition), part 1308, as of 10/01/2017, [hyperlink], herein incorporated by reference effective 03/18, or Chapter 893, F.S.
(11) No change.
(12) Extended Driving Test – Three driving tests given consecutively with the same examiner/agent. Failing any part of the extended driving test constitutes a failure of the extended driving test.
(13) through (18) No change.
15A-5.002 Report of Deficit or Disorder to the Department.
A report necessitating the review of an applicant or licensed driver’s physical or mental ability to safely operate a motor vehicle may come to the attention of the Department as the result of the:
(1) No change.
(2) Receipt by the Department of a Medical/Re-Exam Referral Form, HSMV 72419, Rev. 09/17, [hyperlink], herein incorporated by reference, indicating that the applicant or licensed driver has previously suffered from epilepsy or dizzy spells, been addicted to drugs or alcohol, or suffered from any other physical or mental deficit or disorder. Questions as to the applicant or licensed driver’s mental or physical ability to safely operate a motor vehicle will be based upon questions posed and/or observations made by the examiner in accordance with the September 2009 National Highway Traffic Safety Administration’s Driver Fitness Medical Guidelines, as of 10/01/2017, [hyperlink], herein incorporated by reference effective 03/18. Copies of the form and the guidelines are available on the Department’s website.
(3) through (4) No change.
Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS. History–New 6-5-81, Formerly 15A-5.02, Amended 6-27-82, 7-29-84, 1-28-85, __________, Formerly 15A-5.02.
15A-5.0021 Medical Review.
(1) through (2) No change.
(3) The Board’s recommendation may include the following:
(3)(a) through (b) No change.
(c) An approval contingent on the applicant or licensed driver passing an examination or reexamination as provided in Section 322.221, F.S., which may include an extended driving test as defined outlined in Rule 15A-5.0010, F.A.C. Failing any part of the extended driving test constitutes a failure of the extended driving test.
(d) No change.
(e) An approval contingent on the applicant or licensed driver passing an examination or reexamination as provided in Section 322.221, F.S., which may include an extended driving test as defined outlined in Rule 15A-5.0010, F.A.C., and a requirement that they submit a follow-up medical report. Failing any part of the extended driving test constitutes a failure of the extended driving test. If the Department orders a follow-up review of an applicant or licensed driver’s medical condition, that follow-up will be conducted at a time established by the Board, based upon its review of the medical reports.
(3)(f) through (g) No change.
(4) No change.
(5) In cases involving commercial drivers, the Board will make its recommendation in accordance with Title 49 C.F.R. s. 391.41 (10/01/2017 edition), of the Federal Motor Carrier Safety Regulations, as of 10/01/2017, [hyperlink], herein incorporated by reference effective 03/18. In such cases the applicant or licensed driver may be required to complete the Commercial Driver License Form, HSMV 71048, Rev. 09/17, [hyperlink], herein incorporated by reference. Copies of the regulation and form are available on the Department’s website.
(6) through (7) No change.
15A-5.0022 Administrative Hearing Procedures.
(1) Following the Department’s decision on licensure, an applicant or licensed driver may request a hearing before a Hearing Officer pursuant to Section 322.222, F.S., and Rule 15A-1.0195, F.A.C., or appeal the decision to the circuit court pursuant to Section 322.31, F.S.
(2)(1) A copy of the official recording and exhibits from the hearing will be forwarded by the Hearing Officer to the Board for review. The Board will advise the Hearing Officer following its review of all matters brought out at the hearing. When an administrative hearing has been requested and held and medical information that was not made available to the Board when the original recommendation was made is admitted into evidence, the Hearing Officer will cause a copy of the official recording and exhibits to be transmitted to the Chairman prior to entry of a Recommended Order. The Chairman will review the evidence or forward it to the member or members who made the original recommendation for purposes of reconsideration of the original recommendation in light of those new matters brought out at the hearing. Such reconsideration will be a part of the record of the administrative hearing and must be considered in determining whether to approve or deny the applicant or licensed driver’s driving privileges.
(3)(2) The Hearing Officer will prepare a Recommended Order and transmit it to all parties and to the Executive Director or designee who will enter a Final Order based on the evidence and findings. Unless waived by all parties, the Recommended Order must be transmitted within 30 days of the hearing. Any exceptions to the Recommended Order must be submitted to the Department within 15 days of the date of the order. The Final Order is reviewable pursuant to Section 322.31, F.S.
(3) If the Executive Director or designee so recommends based on the facts of a particular case, a Final Order denying a driver license will state a date after which the applicant or licensed driver may apply to the Department for reconsideration of the denial or revocation. Such applications for reconsideration must be submitted to the Chairman as provided by Chapter 15A-0021, F.A.C. The Final Order is reviewable by following the procedure specified in Section 322.31, F.S.
15A-5.004 Seizures.
(1) Applicants or licensed drivers must be seizure free for a period of two years before having their license issued or reinstated, but may apply at the end of six months to be reconsidered by the Board for issuance or reinstatement if they are under regular medical supervision and seizure free. Applicants or licensed drivers with “petit mal,” absence seizures, and partial seizures with complex symptomology will also be subject to these guidelines. An applicant or licensed driver with an isolated seizure with a normal electroencephalogram may be reconsidered by the Board at the end of three months. Applicants or licensed drivers must present a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician. A copy of the form is available on the Department’s website.
(2) through (6) No change.
Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS. History–New 7-5-81, Formerly 15A-5.04, Amended 6-27-82, __________, Formerly 15A-5.04.
15A-5.005 Loss of Consciousness.
(1) Recommendations by the Board as to whether an applicant or licensed driver who suffers from loss of consciousness can safely operate a motor vehicle will depend upon consideration of the Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], and Loss of Consciousness Follow-Up Form, HSMV 72117, Rev. 09/17, [hyperlink], herein hereby incorporated by reference, from their treating physician indicating the cause of the loss of consciousness. Copies of the forms are available on the Department’s website.
(2) Applicants or licensed drivers who may have experienced a loss of consciousness as a result of hypoglycemia must provide a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], and/or Diabetes/Hypoglycemia Follow-Up Form, HSMV 72112, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician for consideration by the Board. If the hypoglycemic episode resulted in a motor vehicle crash, the applicant or licensed driver must present a Diabetes Form, HSMV 72118, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician. Copies of the forms are available on the Department’s website.
Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS. History–New 6-27-82, Formerly 15A-5.05, Amended __________, Formerly 15A-5.05.
15A-5.006 Cardiovascular Deficits.
Applicants or licensed drivers who experience cardiovascular deficits must present a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician indicating their physical ability to safely operate a motor vehicle. A copy of the form is available on the Department’s website.
Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS. History–New 7-5-81, Formerly 15A-5.06, Amended 6-27-82, ___________, Formerly 15A-5.06.
15A-5.008 Deficits of Memory or Judgment.
Applicants or licensed drivers who suffer from deficits of memory or judgment must present a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician indicating their physical and mental ability to safely operate a motor vehicle. A copy of the form is available on the Department’s website.
Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS. History–New 7-5-81, Formerly 15A-5.08, Amended 6-27-82, __________, Formerly 15A-5.08.
15A-5.009 Musculoskeletal and Neuromuscular Disorders.
(1) Applicants or licensed drivers with static musculoskeletal or static neuromuscular disorders who demonstrate that they can safely operate a motor vehicle with or without the use of aids and devices based on an examination or reexamination as outlined in Rule 15A-5.0021, F.A.C., may be required to submit a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], herein incorporated by reference, for review by the Board. Applicants or licensed drivers may be exempted from further reviews since these conditions are static and not likely to progress. A copy of the form is available on the Department’s website.
(2) Applicants or licensed drivers with progressive musculoskeletal and progressive neuromuscular disorders will be required to submit a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician indicating they have the mental and physical ability to safely operate a motor vehicle. These applicants or licensed drivers must provide periodic follow-up medical information as recommended by the Board due to the progressive nature of these disorders. They may also be required by the Board to take an examination or reexamination as outlined in Rule 15A-5.0021, F.A.C. A copy of the form is available on the Department’s website.
Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS. History–New 7-5-81, Formerly 15A-5.09, Amended 6-27-82, __________, Formerly 15A-5.09.
15A-5.010 Severe Mental Disorders.
(1) through (2) No change.
Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS. History–New 7-5-81, Formerly 15A-5.10, Amended 6-27-82, __________, Formerly 15A-5.10.
15A-5.011 Vision Standards.
(1) through (3) No change.
(4) Applicants or licensed drivers who cannot meet these standards will not be issued a driver license or will have their driver license revoked. When requested by the Department, applicants or licensed drivers must present a Report of Eye Examination Exam Form, HSMV 72010, Rev. 09/17, [hyperlink], Report of Eye Examination Exam Form (Spanish), HSMV 72838, Rev. 09/17, [hyperlink], or a Prism Form, HSMV 72111, Rev. 09/17, [hyperlink], herein incorporated by reference, by an eye specialist indicating visual standards required for licensing. Copies of the forms are available on the Department’s website.
(5) No change.
15A-5.012 Drug Addiction and Alcoholism.
(1) An Any applicant or licensed driver with a drug, alcohol, or substance abuse disorder who abuses or is addicted to drugs, alcohol, or any substance that renders him or her them incapable of operating a motor vehicle safely will not be issued a driver license or will have his or her their driver license revoked.
(2) An applicant or licensed driver Applicants or licensed drivers with a drug, alcohol, or substance abuse disorder history of substance abuse may be approved for licensure after he or she has they have received counseling and/or treatment from a substance abuse specialist or treatment center and has have met all requirements identified in Chapters 316 and 322, F.S. In addition, the applicant or licensed driver must provide to the Department an Alcohol and Drug Usage Form, HSMV 72480, Rev. 09/17, [hyperlink], herein incorporated by reference, from a physician or treatment source indicating that they are compliant with treatment and are capable of operating a motor vehicle safely. A copy of the form is available on the Department’s website.
