Driver's License

A person with epilepsy may obtain a driver's license if he or she submits a medical report stating they have been seizure-free for 6 months. The medical information submitted by the applicant is reviewed by the Medical Advisory Board of the Department of Public Safety [ALA. ADMIN. CODE r. 760-x-20-.10 (2008)].

The Department may require an individual with epilepsy to submit to follow-up examinations and reports by a physician as a condition to licensure [ALA. ADMIN. CODE r. 760-x-20-.18 (2008)]. A doctor who submits these reports has civil and criminal immunity for providing reports, records, examinations, opinions, or recommendations to the Director of Public Safety [ALA. CODE § 32-6-45 (2008)]. There is no reference to a physician's immunity from liability for damages arising out of a seizure-caused accident.

The Department may restrict an individual?s license based on a recommendation by a physician and in any manner it deems necessary for safety purposes [ALA. ADMIN. CODE r. 760-x-20-.15 (2008)].

A person who has had a seizure within the last 6 months will have his or her license suspended or denied, and is entitled to a hearing with a Public Safety Hearing Officer. The request for a hearing must be made in writing within 14 days. When a license is canceled, suspended, revoked, or denied, the licensee or applicant has the right to a judicial appeal [ALA. CODE § 32-5A-195(q) (2008)]. The appeal must be filed within 30 days.

Commercial Driving

Alabama has adopted the federal Department of Transportation's criteria for licensing commercial truck drivers [ALA. CODE § 32-6-49.2 (2008)]. According to the state Department of Public Safety, no waivers for epilepsy are granted. Individuals with epilepsy may not be licensed to drive taxis or school buses.

Identification Card

Alabama Code § 32-6-1(c) provides that the Department of Public Safety shall make an identification card available to any state resident who does not hold a valid state driver's license. The non-driver may obtain an identification card at a Driver License Examining Station. The cost is the same as for a driver's license and expires in 8 years for those less than 62 years of age. For those over 62 years of age, the non-driver identification is non-expiring [ALA. CODE §32-6-4(b)]. The identification card is also free to anyone with a physical or mental disability resulting in a denial of a driver's license [ALA. CODE §32-6-4.1].

Reporting

There is no statutory provision requiring doctors to report people with epilepsy to a central state agency.

Driver's License

Alaska's regulations require a 6-month seizure-free period prior to the date of application before a person with epilepsy may obtain a driver's license [ALASKA ADMIN. CODE tit. 2, § 90.440(a)(2)(A) (2008)]. The Department may require an individual with epilepsy to submit to semi-annual neurological examinations to ensure that the condition remains under control [ALASKA ADMIN. CODE tit. 2, § 90.440(c)(2008)] No restricted or probationary licenses are available. All medical information submitted is reviewed by the Department of Administration. Alaska law does not immunize a physician who submits such information from civil liability for damages arising out of an accident caused by a seizure. Upon having a seizure, a licensee must report this fact to the Department and turn in his or her license [ALASKA ADMIN. CODE tit. 2, § 90.440(a)]. To appeal a denial or cancellation by the Department, a person must request an administrative hearing. The request must be made within 30 days of notice of the decision. Judicial review is available under ALASKA STAT. § 28.05.141(d) (2008).

Commercial Driving

Alaska has adopted the federal Department of Transportation's criteria for licensing commercial truck drivers. [ALASKA ADMIN. CODE tit. 2, § 90.440(b)].

Identification Card

Any person may apply to the Department of Public Safety for an identification card. There is a $15.00 fee. [ALASKA STAT. § 18.65.310 (2008)].

Reporting

There is no statutory provision requiring doctors to report persons with epilepsy to a central state agency.

Driver's License

All applicants who have experienced a seizure within the past 3 months must undergo a medical examination. If the medical examination reveals that the individual is unable to operate a motor vehicle safely, Arizona will not issue a drivers license [ARIZ. ADMIN. CODE R17-4-506(A) (2008)]. An individual with a driver?s license who experiences a seizure must cease driving and undergo a medical examination to determine whether the individual is able to safely operate a motor vehicle [ARIZ. ADMIN. CODE R17-4-506(A) (2008)]. Under, Arizona regulations, an individual is able to safely operate a motor vehicle if: 1) the seizure was due to a change in anticonvulsant medication ordered by the physician and the physician concludes that seizure control has been established with reasonable medical certainty; 2) the physician concludes that the seizure was an isolated occurrence and that another seizure is unlikely to occur with reasonable medical certainty; 3) the physician concludes that the seizures are likely to occur or have an established pattern of occurring only during sleep and at least thirty days have elapsed since the most recent episode; and 4) the individual has an established pattern of auras, which allows the individual sufficient time to cease operating the motor vehicle [ARIZ. ADMIN. CODE R17-4-506(D) (2008)]. A person whose license has been suspended for medical reasons may request a hearing before the Motor Vehicle Division of the Department of Transportation [ARIZ. ADMIN. CODE R17-4-502(F) (2008)]. The review must be requested within 15 days after notice is delivered to the licensee or within 20 days after the notice is mailed to the licensee.

Commercial Driving

Arizona has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles [ARIZ. ADMIN. CODE R17-4-508 (2008)].

Identification Card

Identification cards are available to non-drivers through the Department of Transportation, Motor Vehicle Division [Ariz. Rev. Stat. § 28-422.02]. The fee for an identification card is $12.00 [ARIZ. ADMIN. CODE R17-4-409(C) (2008)].

Reporting

Arizona has no statutory provision requiring doctors to report persons with epilepsy to a central state agency.

Driver's License

Arkansas requires an individual to be seizure-free for 1 year prior to being issued a personal driver?s license. There are no specific circumstances or conditions that would entitle an individual to receive a license prior to the end of the one-year seizure-free period. Restricted or probationary licenses are not available for persons with epilepsy. A physician who provides such information has no explicit grant of immunity from liability for damages arising out of an accident caused by a seizure. The Motor Vehicle Department may impose restrictions applicable to the licensee to assure safe operation [ARK. CODE ANN. § 27-16-804 (2008)]. There is no statutory immunity from liability for physicians for information they provide the DMV. If the DMV is notified that an individual has experienced a seizure and has suspended driving privileges, the Department requires a person with epilepsy to present a physician?s certification that he or she has been seizure-free for one year and is under a physician?s care before a driver's license can be reissued. AR ADC 006 05 039 § 8-27-16-907 (2008). The medical Information is reviewed by the manager of Driver Control. A license may be suspended or revoked after a hearing if there is sufficient evidence that the licensee is incompetent to drive [§ 27-16-907(a)(5)]. The licensee has a right to an administrative hearing with a Driver Control Hearing Officer within 20 days of the Department's receipt of the licensee's request for a hearing [§ 27-16-907(c)(2)]. Judicial review is available under § 27-16-913 by filing a petition within 30 days of the decision in the court of the county where the licensee resides.

Commercial Driving

Arkansas has adopted the federal Department of Transportation?s medical standards for licensing individuals to drive commercial vehicles. Individuals with epilepsy are not qualified to drive a school bus [AR ADC 203 00 002 (2008)].

Identification Card

Any person 5 years or older who is not licensed to drive may obtain an identification card upon presentation of proof of identity through the Office of Driver Services. The fee the identification card is $5.00 [ARK. CODE ANN. § 27-16-805 (2008)].

Reporting

Arkansas has no statutory provision requiring doctors to report patients who have been treated for or diagnosed as having a seizure disorder.

Driver's License

California's Vehicle Code states: ?The department may refuse to issue to, or renew a driver's license of, any person who: . . has a disorder characterized by lapses of consciousness or who has experienced, within the last three years, either a lapse of consciousness or an episode of marked confusion caused by any condition which may bring about recurrent lapses . . . unless the department has medical information which indicates the person may safely operate a motor vehicle. In making its determination, the department may rely on any relevant information available to the department.? [CAL. VEH. CODE § 12806(c) (2008)]. The state Department of Motor Vehicles may consider the following elements when evaluating a driver with a seizure disorder: 1) the effect of the disorder on the physical and mental abilities which are necessary to safely operate a vehicle; 2) the individual?s testimony regarding his disorder and ability to drive; 3) testimony of other individuals of the same; 4) whether the seizure is under control without medication; 5) the individual?s compliance with a prescribed medical regimen; 6) other medical conditions which may affect the disorder; 7) the individual?s driving record; 8) other relevant factors which may affect the individual?s ability to safely drive; and 9) a current medical evaluation conducted by a physician [CAL. CODE REGS. tit. 13, §110.01 (2008)].

If the department determines that an individual has a disorder characterized by lapses of consciousness or episodes of marked confusion . . . but also determines upon evaluation of competent medical evidence and all relevant factors that the individual is able to drive safely and maintain reasonable control of a motor vehicle, the department may either (a) take no action against the individual's driving privilege, or (b) place the individual on medical probation to monitor the individual's condition to ensure that the individual continues to be capable of driving safely [CAL. CODE REGS. tit. 13, §110.02 (2008)]. A medical probation allows the department to monitor the driver's medical condition on an ongoing basis and allows drivers with controlled epilepsy to continue driving. A medical probation is only to be used when control of a lapse of consciousness disorder has been achieved for at least three months. Under one type of probation, for drivers who have achieved three to five months of control, the individual may be permitted to drive based on the following factors: seizure type, seizure manifestations; seizure, medical and lifestyle history; and the seizure-free period prior to the last episode.

Another type of probation applies to drivers who have achieved six or more months of control, ?but due to contributing factors there is a slight possibility of another seizure.? The driver is required to report, in writing, on a regular basis to the department on the status of his/her disorder. The decision to place a driver on this type of medical probation is based on the same factors as above.

No probation is needed for drivers who have achieved six or more months of control and there are no coexisting medication conditions that would aggravate the driver's seizures or impair the driver's ability to safely operate a motor vehicle. See http://www.dmv.ca.gov/dl/driversafety/lapes.htm.

Commercial Driving

California has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles and standards established by the federal Commercial Motor Vehicle Safety Act of 1986 (P.L. 99-570) [CAL. VEH. CODE §15250 (2008)]. The licensee must have a medical certificate approved by the department, the federal Department of Transportation, or the Federal Aviation Administration, that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report must be on file with the department [CAL. VEH. CODE § 12804.9(a)(1)(c)(2008)].

Identification Card

Any person may obtain an identification card from the Department of Motor Vehicles [CAL. VEH. CODE §13000 (2008)]. A person at least 62 years of age may obtain a senior citizen identification card. An individual who requests that his or her driver's license be cancelled because of a physical or mental condition or whose driver license is revoked due to a medical condition may receive an identification card free of charge [CAL. VEH. CODE § 13002(c) (2008)].

Reporting

Every physician and surgeon must immediately report to the local health officer individuals 14 years of age and older whom they have diagnosed as having "a disorder characterized by lapses of consciousness." [CAL. HEALTH & SAFETY CODE §103900(a) (2008)]. A physician or surgeon may report a patient's condition even if it may not be required under the state department's definition of disorders characterized by lapses of consciousness if the report is made because the physician reasonably and in good faith believes the reporting of a patient will serve the public interest. [CAL. HEALTH & SAFETY CODE §103900(a) (2008)]. A physician and surgeon who reports a patient diagnosed as a case of a disorder characterized by lapses of consciousness pursuant to this section shall not be civilly or criminally liable to any patient for making any report required or authorized by this section. [CAL. HEALTH & SAFETY CODE §103900(f) (2008)].

Driver's License

Colorado has no set seizure-free period; however, the state requires that each driver license applicant disclose a physical disability that would cause a lapse of consciousness. Colorado law allows the department to seek medical opinion from any physician, physician?s assistant or optometrist in the state to determine if a licensed driver or applicant for a driver?s license is physically and mentally able to drive safely. [COLO. REV. STAT. § 42-2-112(1) (2008)]. Medical opinions may only be sought if the department has reason to believe that the driver or applicant is physically or mentally unable to drive safely. [§ 42-2-112(1) (2008)]. No civil or criminal action may be brought against a physician, physician?s assistant or optometrist for providing a report to the department, if they acted in good faith. [§ 42-2-112(3) (2008)]. The medical information is reviewed by the Driver License office supervisor [COLO. REV. STAT. § 42-2-112]. Depending on the recommendations of the physician the person may be issued a regular license, a restricted license, or no license at all. Each case is assessed individually. An individual may obtain judicial review of a decision to deny or suspend a license within thirty days. [COLO. REV. STAT. § 42-2-135 (2008)].

Commercial Driving

An individual must receive a medical waiver before he or she may be licensed to drive commercial vehicles if the individual has a disqualifying medical condition. [1 COLO. CODE REGS. § 204-12(D)(3) (2008)]. A person with epilepsy may be considered for a license to drive a taxi, bus or school bus if the applicant provides a physician's certification regarding treatment and recommendation requiring a degree of certainty that the condition is controlled well enough to drive safely.

Identification Card

Colorado residents may obtain an identification card through the Motor Vehicle Division of the Department of Revenue. [COLO. REV. STAT. § 42-2-302 (1)(a)(I) (2008)]. The application fee for individuals under 62 years of age is nine dollars and ninety cents. [ § 42-2-306 (1)(a)(II)]. For those 62 years of age and older there is no application fee. [§ 42-2-306 (1)(a)(II)].

Reporting

There is no provision in Colorado statutes requiring physicians to report to a central state agency patients who have been treated for or diagnosed as having epilepsy. However, physicians may report patients who have a medical condition which may affect their ability to safely operate a motor vehicle.

Driver's License

When the Department of Motor Vehicles (DMV) has knowledge that an individual has experienced an episode involving altered consciousness or loss of bodily control, prior to licensing action, whether issuance of a new license or retention of current license, the DMV requests the individual to file specific medical forms. [CONN. GEN. STAT. § 14-45a-6 (a) (2008)]. The commissioner then reviews the medical forms. [§ 14-45a-6 (b)]. If a person has experienced an episode in the preceding six months, the commissioner must, request the opinion of the Medical Advisory Board (MAB). [§ 14-45a-6 (c)]. Each case is reviewed individually; therefore, any decision regarding initiation of withdrawal action, whether for a period of 3 months from the date of the most recent episode, or 6 months or for a greater period of time, or requiring a person to file medical reports at certain intervals for a specific period of time, would be based on the person's specific medical condition.

The MAB may, regarding any medical condition, consider the following information: the history of the condition, the severity of the symptoms and prognosis, complications and/or co-morbid conditions, treatment and medications, effects and side effects, and the individual's knowledge and use of medications, the degree of functional impairment, including the extent to which loss of muscle tone affects functional ability, the extent to which loss of muscle movement affects functional ability, the extent to which muscle spasm affects functional ability, the basic driving needs of the person, including the distance from the applicant's home to the person's doctor, place of employment, shopping districts or other necessary locations [CONN. AGENCIES REGS §§ 14-45a-8(a)(1-2), 14-45a-8(g)(1)(2008)].

No civil action may be brought against the commissioner, the department or any of its employees, the board or any of its members or any physician for providing any reports, records, examinations, opinions or recommendations pursuant to §§ 14-46(a) to 14-46(g), inclusive, of the Connecticut General Statutes [CONN. GEN. STAT. § 14-46(f)(2008)]. Any persons acting in good faith without negligence or malicious intent in making any report to the commissioner or board pursuant to §§ 14-46(a) to 14-46(g), inclusive, of the Connecticut General Statutes, shall be immune from civil liability. [CONN. GEN. STAT. § 14-46(f)(2008)].

A license may be withdrawn when a person has had an unfavorable medical report submitted on his or her behalf. [§ 14-45a-6(d)]. A person whose license has been withdrawn, suspended or denied under the provisions §§ 14-46(a) to 14-46(f), inclusive of the Connecticut General Statures, has the right to appeal under Chapter 54, or the person may request, in writing, an administrative hearing. [§ 14-46(g)]

Commercial Driving

A person who operates a commercial vehicle and must hold a commercial driver's license (CDL) is subject to both Connecticut and the federal DOT health standards. Connecticut has specific medical standards for persons who operate a school bus, student transportation vehicle, vanpool vehicle, or a bus, or a public service vehicle, or a service bus. Currently, any person who operates a public service vehicle or service bus must submit evidence the he or she has successfully completed a physical examination. No person shall be issued a license for the operation of a public service motor vehicle or service bus, if that persons has an established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle [CONN. AGENCIES REGS. § 14-44-1 (2008)].

Identification Card

Individuals who do not drive or whose licenses are suspended or withdrawn may obtain a state I.D. card. Two forms of identification are required of the applicant -- one must be a birth certificate, along with one of the following: employee I.D. by Federal or State Government with signature and photograph, passport, military I.D., alien registration document with photograph, I.D. card issued by income maintenance with photograph, social security card with signature, bank book with signature, baptismal certificate, pistol or firearm permit, military discharge papers (form DD214), naturalization certificate, certified adoption papers, and certified school records. The above must be accompanied by resident address verification, in the form of a postmarked letter, utility bill, lease/rental agreement, or mortgage document and a fee of $15.00. See http://www.ct.gov/dmv/cwp/view.asp?a=805&Q=244720.

Reporting

Any physician may report to the Department of Motor Vehicles, in writing, the name, age and address of "any person diagnosed by him to have any chronic health problems which in the physician's judgment will significantly affect the person's ability to safely operate a motor vehicle, or to have recurrent periods of unconsciousness uncontrolled by medical treatment" [CONN. GEN. STAT. § 14-46 (2008)].

Driver's License

The Bureau of Motor Vehicle Services learns of a person's epilepsy through questions asked on the application for license, as well as from reports by physicians, citizens or the police. In order to obtain a license, a person with epilepsy, who is under a physician's care, must furnish the Department of Transportation with a physician's certificate indicating that the physician has knowledge of the seizure history and that the applicant is capable of driving safely. D.C. MUN. REGS. tit. 18 § 106.7 (2008). The applicant must be seizure-free for the 12 months immediately preceding the date of the application [tit. 18 § 106.7(c)]. The applicant may be considered for a license in the following circumstances: If the alteration of consciousness was the result of a physician's recommendation to discontinue or change the use of medication, or there is clear documentation of only nocturnal seizures, or the applicant experienced a single seizure secondary to a reversible acute illness [tit. 18 § 106.9]. Restricted licenses are available. [tit. 18 § 107]. The physician's certificate shall be submitted annually until the patient has been seizure-free for 5 consecutive years, at which time the physician's certificate is no longer required [tit. 18 § 106.8]. When the patient has been seizure-free for 5 consecutive years, the individual may be asked to submit an affidavit in place of a physician's certificate at 12-month intervals [tit. 18 § 106.10]. When taking seizure medications, the individual must indicate that he or she has been seizure-free for the preceding 12 months. Physicians are not immune from liability for damages arising out of an accident caused by a seizure.

A person who has been denied a license may appeal the decision to the Department Director at any time. A person whose license has been suspended or revoked may appeal the decision by applying for a hearing. [tit. 18 § 1005.1]. The application must be made in writing within 5 days of the notice of intent to suspend or revoke [tit. 18 § 1005.2 ].

Commercial Driving

D.C. has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles intrastate. Persons with epilepsy are not licensed to drive commercial vehicles. There is no provision for granting waivers. [tit. 18 § 1327]. No person shall be considered for a license to operate taxicabs or other public vehicles for hire if at the time the application is filed the person has epilepsy. [tit. 31 § 1003].

Identification Card

A non-driver may obtain an identification card from the Bureau of Motor Vehicle Services. The individual must present a birth certificate and social security card. There is a $20.00 fee, which is waived for persons over the age of 65. [tit. 18 § 106.10].

Reporting

There is no provision in D.C. law requiring the reporting to a central government agency of one who has been treated for or diagnosed as having epilepsy.

Driver's License

Licensing regulations require that a person with epilepsy obtain a certificate from a physician stating that the condition is under sufficient control to permit the safe operation of a motor vehicle. [DEL. CODE ANN. TIT. 21, § 2707(b)(6) (2008)]. The driver must then present such a certificate annually. [§ 2707(b)(7)]. There is no set seizure-free period. The medical information submitted by an applicant is reviewed by the Motor Vehicle Division. Upon issuing a driver?s license, the department may, upon showing of good cause, place restrictions on an individual?s license that the department deems appropriate for safe operation of a motor vehicle. [§ 2722(a)]. An applicant who has been denied a license may appeal to the Court of Common Pleas in the county where the individual resides. [§ 2764].

Delaware law immunizes a physician [§ 2724(g)] who provides such a certificate in good faith from civil or criminal liability on account of having provided the certificate. [§ 2707(b)(7)].

Commercial Driving

Delaware has adopted the medical standards of the federal Department of Transportation for granting commercial drivers licenses. [§ 2602]. However, an individual may apply for an intrastate waiver. [DEL. CODE TITLE 21 §4704]. An intrastate waiver applicant must be qualified to operate a personal motor vehicle and the applicant must: 1) have held a commercial driver?s license and been employed on a full time basis in the operation of motor vehicles weighing over 26,000 pounds for at least 4 of the last 6 years; 2) not have had a CDL disqualification during the previous 6 years; 3) not have incurred 4 or more serious traffic violations, railroad-highway grade crossing offenses or out-of-service violations during the previous 6 years; 4) provide a favorable, fully completed State of Delaware Physician?s Findings report; 5) provide a favorable, fully completed State of Delaware Report of Visual Status; 6) submit a signed application; and 7) submit a signed acknowledgement/request for waiver letter from his/her employer. [DEL. CODE TITLE 21 §4704]. Persons with epilepsy may not be licensed to drive passenger carrying vehicles such as taxis, buses or school buses.

Identification Card

Every state resident may obtain a Nondriver Identification Card from the Division of Motor Vehicles. There is a $20.00 fee [DEL. CODE ANN. tit. 21 § 3103 (2008)].

Reporting

Every physician attending or treating persons who are subject to losses of consciousness (LOC) due to a disease of the central nervous system shall report within one week to the Division of Motor Vehicles the names, ages and addresses of all such persons unless such person's infirmity is under sufficient control to permit the person to operate a motor vehicle with safety to person and property. Failure to do so is punishable by a fine of $5.00 to $50.00 [DEL. CODE ANN. tit. 24 § 1763 (2008)].

Driver's License

A person with epilepsy may be licensed to drive upon their doctor's recommendation after they have been seizure-free for six months, so long as they are under regular medical supervision and submit a current neurological evaluation. The application is reviewed by the Medical Advisory Board of the Department of Highway Safety and Motor Vehicles, which makes a recommendation to the Department.[Fla. State. §322.126, §322.221]. If the MAB believes there are particular factors which would make it unsafe for a person to drive even though the person has been seizure-free for six months, it may recommend a longer seizure-free period. An evaluation is not needed for applicants who have been seizure-free for 2 years. Applicants with only chronic nocturnal seizures will be considered on an individual basis.

A person whose driving privileges have been cancelled, suspended or revoked may petition for a hearing. Application for a hearing must be made in writing. [FLA. ADMIN. CODE ANN. r. § 15A-1.0195 (2008).]

Board members cannot be held liable for their opinions and recommendations [Fla. State. § 322.125(5)]. Also, no criminal or civil action may be brought against any physician who provides required medical information [§ 322.126(3)]. Reports made to the Board are confidential and may not be used as evidence in any civil or criminal trial [§322.125(4)].

Commercial Driving

Florida has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles intrastate. [FLA. ADMIN. CODE ANN. r. 15A-7.006 (2008)]. There is no waiver provision for individuals with epilepsy. Individuals must meet the personal license requirements to obtain a license to drive a taxi. Individuals with epilepsy are not eligible to be school bus drivers or drive buses designed to seat more than 15 persons, including the driver, because they do not meet the federal DOT's medical criteria to hold a commercial driver's license (CDL).

Identification Card

Florida has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles intrastate. [FLA. ADMIN. CODE ANN. r. 15A-7.006 (2008)]. There is no waiver provision for individuals with epilepsy. Individuals must meet the personal license requirements to obtain a license to drive a taxi. Individuals with epilepsy are not eligible to be school bus drivers or drive buses designed to seat more than 15 persons, including the driver, because they do not meet the federal DOT's medical criteria to hold a commercial driver's license (CDL

Reporting

Florida has no provision requiring doctors to report to a central state agency patients who have been treated for or diagnosed as having epilepsy. Any physician, person or agency having knowledge of a licensed driver or applicant's mental or physical disability to drive may report the person to the Department of Highway Safety and Motor Vehicles [§322.126(2)].

Driver's License

A person with epilepsy may obtain a license to drive cars and trucks weighing less than 26,000 pounds if he or she has been seizure-free for 6 months. [GA. COMP. R. & REGS. r. § 375-3-5-.02 (2) (2008)]. A person who has only nocturnal seizures may be eligible for a limited license (e.g., daylight driving only) even if he or she has been seizure-free for less than 6 months [§ 375-3-5-.02 (2) The Department of Driver Services may require periodic medical reports as a condition of licensing. [§ 375-3-5-.10 (1)]. The medical information submitted is initially reviewed by a member of the Driver?s License Review Board. [§ 375-3-5-.10 (2)]. If there is a question whether to issue a license, the information is reviewed by the Driver's License Advisory Board.

A physician may not be sued for submitting required medical information to the Department. [GA. CODE ANN. § 40-5-35 (2008)]. Reports received by the Driver License Advisory Board for the purpose of assisting the department in determining whether a person is qualified to be licensed may not be used as evidence in any civil or criminal trial, except in proceedings conducted under § 40-5-35 or § 40-5-66. [Ga. Code Ann. § 40-5-35(d)]. When a person's license has been denied or revoked, he or she may request a hearing before a Department officer. [§ 40-5-35(F) (2008)]. The request must be made in writing, within 15 days after receiving the notice. [§ 40-5-35(F)]. The person may also request an opinion from the Driver's License Medical Advisory Board. Judicial review is available under § 40-5-66.

Commercial Driving

Georgia has adopted the federal Department of Transportation's medical criteria for vehicles weighing more than 26,000, and will not grant waivers from these requirements unless such type of waiver has previously been granted by the Federal Motor Carrier Safety Administration. [GA. CODE ANN. § 40-5-147(e) (2008)]. Vehicles carrying 16 or more persons, including the driver, are considered commercial vehicles. [§ 40-5-142 § (7) (b) (2008)].

Identification Card

Non-drivers may apply to the Department of Driver Services for an identification card [Ga. Code Ann. § 40-5-100]. The fee is $20.00 for a five-year card and $35.00 for a ten-year card. [§ 40-5-103(a)]. Individuals with permanent disabilities may obtain an identification card valid for five years. [§ 40-5-172(a)]. Individuals with a temporary disability may obtain an identification card valid for six months. [§ 40-5-172(b)]. The fee for these cards is $5.00. [§40-5-178(a)].

Reporting

Georgia has no statute requiring doctors to report patients with epilepsy to a central agency. However, physicians may report a person who has a handicap which would render the individual incapable of safely operating a motor vehicle [§ 40-5-35 (b)].

Driver's License

In Hawaii, in order to be eligible for a driver's license, an individual must be seizure free for six months, with exceptions, per the Hawaii DMV. Each case is considered on a case-by-case basis. The medical information submitted is reviewed by the Medical Advisory Board. [HAW. REV. STAT. § 286-4.1 (2008)]. A physician who provides such information is not explicitly immune from civil liability for damages arising out of an accident caused by a seizure. Restricted licenses are available. [§286-103]. A person whose license has been denied or suspended for medical reasons may appeal the decision of the examiner of drivers to the circuit court of the circuit in which the individual resides. [§§ 286-119, 286-129]. This appeal must be made within 30 days of notification of the denial or suspension. [§286-129].

Commercial Driving

Hawaii has adopted the federal regulations regarding licensing persons with epilepsy to drive trucks and school buses. [§ 286-236]. Waivers are not available for persons with epilepsy. People with epilepsy may be licensed to drive taxis.

Identification Card

One may obtain an identification card through the State Identification Office. There is a $15 fee for individuals under the age of 65 and a $10 fee for individuals 65 and older. See http://hawaii.gov/ag/hcjdc/main/hawaii_id_cards/index_html#office.

Reporting

Hawaii has no statute requiring the reporting to a state agency of one who has been treated for or diagnosed as having a seizure disorder.

Driver's License

A license shall be denied to ?Any person who in the opinion of the department, based upon recommendation of the person's personal physician, is afflicted with or subject to any condition which brings about momentary or prolonged lapses of consciousness or control? [IDAHO CODE ANN. § 49-326 (1)(c)1 (2008)]. Additionally, a person will be denied a driver?s license or permit until he or she provides written certification from a physician that he or she can safely operate a motor vehicle. There is no specific seizure-free period. Since Idaho does not have a medical board, they rely heavily upon the recommendations of licensed medical specialists. Idaho law does not explicitly immunize a physician who provides medical reports from civil liability for damages arising out of an accident caused by a seizure. There is no provision for a restricted or temporary license for a person whose license has been denied or suspended for medical reasons [IDAHO CODE ANN. § 49-326 (4) (2008)]. Idaho Department of Transportation officials can request that a person submit to a medical examination for public safety reasons, based on observations or other evidence [IDAHO CODE ANN. § 49-202 (2008)].

A person who is denied a license may appeal the decision by requesting an administrative hearing within 20 days of the notice, or within 30 days, if good cause is shown for the 10-day extension [IDAHO CODE ANN. § 49-326 (4) (2008)]. If dissatisfied with the hearing, the person has 30 days to file an appeal in District Court. A person whose license has been suspended for medical reasons has the option of going through this procedure or appealing directly to District Court within 30 days [IDAHO CODE ANN. § 49-330 (2008)].

Commercial Driving

The standards for obtaining a license to drive a truck in intrastate commerce for exempt commodities (sand, gravel, logs, agricultural products, etc.) are the same as those for a personal vehicle license. For other types of commodities, Idaho has adopted the Federal DOT standards [IDAHO CODE ANN. § 49-315 (2008)]. Persons with epilepsy may not drive buses or school buses, but may drive taxis.

Identification Card

A person may obtain an identification card through a Driver's License examiner by providing proof of identity. [IDAHO CODE § 49-2442 (2008)].

Reporting

There is no statute requiring physicians to report patients with epilepsy to a central agency

Driver's License

An applicant with epilepsy will be granted a license if he or she submits a doctor's statement certifying that the individual can safely operate an automobile. There is no specific seizure-free period [ILL. ADMIN. CODE tit. 92 §1030.10]. Applicants for a driver's license are required to answer a series of questions regarding medical conditions. If the applicant answers "yes" to any of these questions, a medical report, completed by their physician, is required. Applicants are also required to sign a medical agreement each time they submit a medical report, which states the applicant has agreed to remain under the care of their physician and adhere to treatment. The agreement also authorizes their physician to report any change in their condition that would impair their ability to safely operate a motor vehicle.

"No member of the Board, medical practitioner, clinic, hospital, or mental institution, whether public or private, shall be liable or subject to criminal or civil action for any opinions, findings, or recommendations, or for any information supplied to the Secretary of the Board, regarding persons under review, or for reports required by this act, except for willful and wanton misconduct." [625 ILL. COMP. STAT. ANN. ILCS 5/6-910].

Applicants are required to notify the Secretary of State of any medical condition which is likely to cause loss of consciousness or loss of ability to safely operate a motor vehicle [625 ILL. COMP. STAT. ANN. 5/6-116.5]. An individual's license may be canceled if the Department receives an unfavorable medical report indicating inability to safely operate a motor vehicle, or the applicant fails to submit a current medical report requested by the Department, or the Medical Advisory Board denies driving privileges. [625 ILL. COMP. STAT. ANN. 5/6-906 (2008)]. A cancellation of driving privileges due to medical reasons distinguishes it from a license which was revoked for driving violations.

A person whose license has been denied or canceled for medical reasons may request a hearing. [625 ILL. COMP. STAT. ANN. 5/6-906 (2008)]. An individual may have his or her case reviewed by a Medical Advisory Board physician. The individual may request a review of this action by a 3 member panel of Board physicians within 30 days of the action. [ILL. ADMIN. CODE tit. 92 §1001.530 (2008)]. If the panel upholds the recommendation to deny driving privileges, the applicant may request at any time, a medical hearing. [Ill. Rev. Stat. ch. 95 1/2 § 506.8]. Finally, the case may be appealed to the circuit court [Ill. Rev. Stat. ch. 95 1/2, § 6-212].

Commercial Driving

Illinois has adopted the federal regulations with regard to licensing drivers to participate in intrastate trucking. [625 ILL. COMP. STAT. ANN. 5/6-500.2 (2008)]. Persons with epilepsy are ineligible to obtain a waiver and will not be licensed to drive vehicles or buses carrying 16 or more people, nor be licensed to drive school buses. [625 ILL. COMP. STAT. ANN. 5/6-500(6) (2008)].

Identification Card

An individual may obtain an identification card through any driver's license facility. The fee for individuals under 65 years of age is $20. There is no fee for individuals 65 years of age and older. See http://www.cyberdriveillinois.com/departments/vehicles/basicfees.html.

Reporting

In order to retain a driver's license, a person with epilepsy is required to authorize his/her physician to "report immediately any change" in his or her condition which would impair the ability to safely operate a motor vehicle [ILL. ADMIN. CODE tit. 92 §1030.10(2008)]. Applicants are required to notify the Secretary of State of any medical condition which is likely to cause loss of consciousness or loss of ability to safely operate a motor vehicle [625 ILL. COMP. STAT. ANN. 5/11-408 (2008]. Law enforcement is required to report to the Secretary of State all accidents or incidents which were caused by a loss of consciousness, seizure, or blackout. [625 ILL. COMP. STAT. ANN. 5/11-408 (2008)].

Driver's License

An individual subject to epileptic seizures may not be denied a license if the individual presents a statement from a licensed physician that the individual is under medication and is free from seizures while under medication [IND. CODE § 9-24-2-3(b) (2008)]. A restricted license may be issued as appropriate to assure safe operation [§ 9-24-11-7]. An individual's license may be revoked if a medical report is not submitted after a request is made for such a report by the Bureau, or if the Medical Review Board finds the individual to be medically disabled based on the information contained in the medical report. [§9-24-2-3(a)(3)] A person whose license is revoked for medical reasons is distinguished in the records from those that are suspended for driving violations. Licensing decisions may be appealed to the Driver Licensing Advisory Committee [9-14-4-4]. Committee members are exempt from civil actions arising from any good faith action as a member of the Committee [Ind. Code § 9-14-4-6]. Judicial review of licensing decisions is available by petition to the circuit court or superior court of the county where the person resides [Ind. Code § 9-24-10-7(d)].

Commercial Driving

Indiana has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles interstate. Commercial driver?s license applicants for intrastate operation must pass a physical examination as provided by the Bureau. [IND. ADMIN. CODE tit. 140 r. 7-3-6 (2008)]. Persons with epilepsy may be licensed to drive taxis, buses or school buses if they have met the same criteria as for a personal vehicle license. However, school bus drivers are required to be free from any "mental, nervous, organic or functional disease which might impair their ability to properly operate a school bus" [IND. CODE § 20-27-8-1 (a)(7)(D) (2008)].

Identification Card

Any resident of the state may apply to the Motor Vehicle Commissioner for an identification card. [IND. CODE § §9-24-16-1]The fee is $6.00 [§ 9-09-15(2) ]. For persons over sixty-five years old, or for those with a physical disability and thereby not entitled to obtain a driver's license, the fee for issuance of the card is $3.50. [§ 9-09-15(1)].

Reporting

Any resident of the state may apply to the Motor Vehicle Commissioner for an identification card. [IND. CODE § §9-24-16-1]The fee is $6.00 [§ 9-09-15(2) ]. For persons over sixty-five years old, or for those with a physical disability and thereby not entitled to obtain a driver's license, the fee for issuance of the card is $3.50. [§ 9-09-15(1)].

Driver's License

Iowa's application asks questions relating to physical and mental disabilities. Iowa's regulations for drivers who experience any loss of consciousness or loss of voluntary control require a 6 month seizure-free period and a physician's report and recommendation. [IOWA ADMIN. CODE §761-600.4(321)]. The department may license without a six-month episode-free period in the following cases: (a) if a medical report indicates a pattern of only syncope, after favorable recommendation by the medical advisory board; (b) if a medical report indicates a pattern of seizures only when the person is asleep; and (c) if episodes occur when medications are withdrawn by a physician, but the person is episode-free when placed back on medications, with a favorable recommendation from a neurologist. Physicians are granted immunity from liability, civil or criminal, for information provided to the DMV. [IOWA CODE § 321.186 (2008)]. Any report provided by a physician under this section shall be kept confidential. [§ 321.186].

A license may be suspended based on a personal statement or medical report of a seizure within 6 months. The record of an individual whose license is suspended for medical reasons is coded differently than the records of individuals whose license is suspended due to driving violations. A licensee must be notified 30 days before his or her license can be suspended [IOWA CODE § 321.210 (2008)]. If the individual requests a hearing, the Department must grant it within 30 days [§ 321.211]. An individual whose noncommercial license has been revoked or suspended may petition the district court for a restricted license. [§ 321.215].

Commercial Driving

Iowa has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial motor vehicles intrastate for vehicles exceeding 26,000 lbs GVWR, vehicles with a passenger design of sixteen or more including the driver, and vehicles used to transport hazardous materials requiring a placard. [IOWA ADMIN. CODE. § 761-607.10 (2008)]. Persons with epilepsy are not eligible to drive school buses. [IOWA ADMIN. CODE. 281-43.15(285) (2008

Identification Card

An identification card for non-drivers is available through the Department of Transportation upon proof of identity, shown by a birth certificate, school record, passport, insurance policy, or an affidavit from an Iowa adult licensed driver. The fee for an identification card is $5.00. Identification cards are valid for five years. [IOWA CODE § 321.190 (2008)].

Reporting

Iowa has no statutory requirement that physicians report people they treat for or diagnose as having epilepsy. A physician may report to the department of motor vehicles "the identity of a person who has been diagnosed as having a physical or mental condition which would render the person physically or mentally incompetent to operate a motor vehicle in a safe manner." A physician making such a report is immune from liability, civil or criminal, as a result of the report. [IOWA CODE § 321.186 (2008)].

Driver's License

The division shall not issue a driver's license to any person who has been adjudged to have a seizure disorder unless the disorder is controlled [KAN. STAT. ANN. § 8-237(e) (2008)]. Controlled seizure disorders are not considered a disability unless the medical advisory board finds that the applicant's condition is such that the applicant is likely to be a danger to himself or herself or others. [§8-247(7)]. Division regulations specify that a person seeking to obtain or renew a driver's license must present a doctor's certification that he or she has not suffered a seizure while in the waking state during the preceding 6 months [§8-247(7)].

According to the Kansas Division of Vehicles, an exception to this rule may be made with a verification from a licensed physician of one of the following: the individual has only nocturnal seizures, the seizure(s) resulted from a doctor-supervised tapering or weaning of antiseizure medication, with immediate reinstatement of the medication; the seizure was very minor, such as a tingling in the hand, or the seizures manifest themselves in odd sensations that do not interfere with attention; or the seizure resulted from acute illness or injury. In these cases, the individual?s license may be reinstated early upon the advice of the Medical Advisory Board.

If the person already has driving privileges and has such an episode, the division may issue a restricted license suitable as appropriate [§§ 8-245, 8-247(7)]. Licensed drivers with seizure disorders are required to submit annual medical reports until they have been seizure-free for three years. Physicians and other persons who in good faith report any information concerning the mental or physical condition of a license applicant are immune from civil suit for damages as a result of such a report [Kan. Stat. Ann. §§ 8-255c, 247(7)]. However, physicians may not be required to volunteer information to the division or to the medical advisory board concerning the mental or physical condition of any patient [§8-255c]. Any person whose license has been suspended, revoked or who has been denied license renewal may request an administrative hearing to appeal the decision [§§ 8-247(e)(6), 8-255(c)]. The individual has 10 days to appeal the Division's final decision to a district court. [§ 8-259].

Commercial Driving

The Driver Review procedures for licensing persons to drive trucks in intrastate commerce are the same as for personal vehicles. Persons driving in interstate commerce must also meet Federal regulations or obtain appropriate waivers. [§ 8-2126].

Identification Card

Any person may apply for an I.D. card from the Division of Vehicles. The application and renewal fee is $14.00. Persons sixty-five and over and those with disabilities within the statutory definition need pay only $10.00 [K.S.A. §8-1324].

Reporting

There are no statutory or regulatory provisions requiring physicians to report to the Division of Motor Vehicles patients who have been treated for or diagnosed as having epilepsy

Driver's License

Whenever a person with a seizure condition applies for a driver's license, or applies for a renewal of a driver's license, the individual must present a physician's statement certifying that the condition is controlled by medication and a description of the medications and dosages the person takes. The person must also submit his or her own statement that he or she: (1) has been seizure-free for 90 days before the application date, and (2) is taking the prescribed medication. [KY. REV. STAT. ANN. § 186.411(1) (2007)]. The submitted medical information is reviewed by the Medical Review Board.

Because of the short seizure-free period, restricted or probationary licenses are seldom issued. When a person is notified of a decision to deny or suspend a license, the individual has 15 days from the date of notification to request an appeal hearing. The hearing is held before the Medical Review Board [§186.411 (3)]. According to information received from the Division of Driver Licensing, when a person is notified that his or her driving privilege will be suspended because the individual has had a seizure within the last 90 days, the individual will not be eligible for a hearing until after a 90-day suspension period. If a person who has had his or her license suspended due to a seizure wants to be reinstated, the individual must submit a medical form to the Division of Driver Licensing. If acceptable, the license will be reinstated without a test or fee. If the suspension has been longer than a year, the applicant must take the written and eye test and pay a $40.00 reinstatement fee.

A physician who, in good faith, submits any reports, opinions, etc. to the Board may not be subject to civil or criminal liability for providing such information [§ 186.411(5)]

The Board's decision may be appealed to the circuit court in the county where the individual lives. The appeal may not be filed until 15 days after the decision but it must be filed before 30 days have passed.

Commercial Driving

Kentucky has adopted the federal Department of Transportation's medical criteria for licensing individuals to drive commercial vehicles intrastate. However, an individual with epilepsy may apply for a waiver if he or she has been seizure-free one year, is reliable in taking prescribed medications and has a clear driving record for the past 2 years. [601 KY. ADMIN. REGS. 11:040 (2008)]. Individuals who meet the eligibility requirement for an intrastate commercial driver's license are also eligible to drive taxis and buses. School bus drivers must undergo a medical exam annually, or even more frequently at the discretion and expense of the district [702 KY. ADMIN. REGS. 5:080].

Identification Card

A person may obtain an identification card through the circuit court clerk in the county of his or her residence.

Reporting

There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency.

Driver's License

Any person with a physical or mental disability applying for their first Louisiana driver's license must attach to his or her application a detailed medical report from a physician indicating the severity of the disability and the limitations imposed which might impair the applicant's ability to exercise ordinary and reasonable control when operating a motor vehicle. Upon renewing a license, the department may waive the medical report, unless the person is applying for a commercial driver?s license [LA REV. STAT. ANN. § 32:403.2 (2008)].

In order to obtain a personal vehicle license, a person with epilepsy must furnish written evidence from his or her physician that the individual has been seizure free for six (6) months. The medical information submitted is reviewed by the Motor Vehicle Officer. Difficult cases are presented to the Medical Advisory Board for advice. Restricted or probationary licenses are not available. A physician who provides such information has statutory immunity from civil or criminal liability for damages arising out of an accident caused by a seizure [LA REV. STAT. ANN. § 40:1356].

The department may conduct an investigation to determine whether the license shall be suspended, cancelled or revoked upon a showing of the department's records or other sufficient evidence that the licensee is afflicted with such mental or physical infirmities or disabilities as would constitute grounds for refusal of a license [LA REV. STAT. ANN. § 32:414(E)(8)].

A person whose license has been denied or suspended due to medical reasons is entitled to an administrative hearing. An appeal may be made to the local district court, within 30 days from the date of suspension as provided under LA REV. STAT. ANN.§ 32:414(F)(4).

Commercial Driving

Louisiana follows the federal regulations regarding licensing persons to drive trucks within the state [LA. REV. STAT. ANN.§ 32: 403.4]. Waivers for persons with epilepsy are not available. While persons with epilepsy may not be eligible for intrastate commercial licenses, an individual may be able to obtain a chauffeur's license (to transport fewer than 16 passengers).

Identification Card

The Department of Public Safety and Corrections will issue a special identification card to any Louisiana resident. The fee is $21.00 (may vary at local offices) but is free to residents over the age of 65. Any person may carry an identification card bearing his name, type of medical condition, physician's name, and other medical information [LA. REV. STAT. ANN.§ 40:1299.73 (B)].

Reporting

There is no statutory provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy.

Driver's License

A person who has a long standing seizure disorder (more than 5 years) will be eligible for a driver's license after having been seizure-free for three months and on medication. Others may have to meet a longer seizure free requirement. An individual who has a breakthrough seizure because of a reduction in medication may be exempt from the three-month seizure-free requirement. The medical information submitted is reviewed by Motor Vehicle Division personnel. Difficult cases are referred to the Medical Advisory Board. Members of the Board and persons making examinations are not subject to liability for their opinions and recommendations. Any other physician or person who becomes aware of a driver's impairment which appears to present an imminent threat to driving safety has immunity for damages [ME. REV. STAT. ANN. TIT. 29 § 1258(6) (2008)].

A person whose license has been denied or suspended for medical reasons may request a departmental hearing within 10 days of the effective date of suspension. The Medical Advisory Board reviews the medical information submitted whenever a person contests a Division action [TIT. 29 § 1258]. Reports received or made by the Board are confidential and may not be disclosed unless the individual gives written permission. If the hearing officer upholds the suspension or denial, the driver may appeal to Superior Court. A person may request the cancellation of a license for physical, mental or emotional reasons. The person can request reissuance of the license and must demonstrate that he or she is physically, mentally or emotionally competent to operate a motor vehicle; and must successfully complete the applicable vision, written and road tests, which are administered free [ TIT. 29 § 1259 (1)-(4)].

Commercial Driving

Maine follows the federal regulations with regard to the licensing of truck drivers who are carrying hazardous materials or driving distances greater than 100 miles. A School Bus Endorsement is necessary for an individual to drive a school bus carrying 10 or more passengers. This requires a doctor's certification that the person presents no risk. However, if the same individual has a seizure-related accident, the doctor may be held liable for any result.

Identification Card

A person over the age of 18 may obtain an identification card from the Motor Vehicle Division for a fee of $5.00 by providing two forms of identification [TIT. 29 § 1410] .

Reporting

There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency. Any physician or other person who, in good faith, reports to the Office of the Secretary of State a physical, mental or emotional impairment which appears to present an imminent threat to driving safety is immune from damages for so reporting [TIT. 29 §1258(B)].

Driver's License

People with epilepsy are required to report their epilepsy and seizures to the Maryland Motor Vehicle Administration (MVA) [ MD. CODE REGS. 11.17.03.02-1 (2008)]. The MVA refers their license applications to the Medical Advisory Board for review, which can suspend or revoke a person's driver's license or refuse to renew a license, for longer than 90 days if the person's driving may be adversely affected by a seizure [MD. CODE REGS. 11.17.03.04 (E)(2)]. A person must be seizure free for 90 days to have a license renewed or issued. [ MD. CODE REGS. 11.17.04.03 (A)]. The licensee may be required to file periodic medical reports for review by the Medical Advisory Board [COMAR §11.17.03.04B.(4)]. Restricted licenses may be issued to persons with medical conditions other than epilepsy provided the individual has been deemed medically qualified and the individual is otherwise legally eligible [MD. ANN. CODE §16-113]. A civil or criminal action may not be brought against any person who makes a report to the Medical Advisory Board and who does not violate any confidential or privileged relationship conferred by law [MD. ANN. CODE §16-119(E) (2008)].

An individual whose driver's license or driving privilege has been suspended or refused because of epilepsy may request that the period of suspension or refusal be withdrawn or modified by submitting evidence of favorable modifiers acceptable to the Medical Advisory Board. The Board shall consider favorable and unfavorable modifiers in determining whether to recommend that the suspension or refusal period be withdrawn or modified to more or less than 90 days.

Favorable modifiers include:

(i) Seizures during medically directed medication changes; (ii) Simple partial seizures that do not interfere with consciousness or motor control; (iii) Seizures with consistent and prolonged auras; (iv) Established pattern of pure nocturnal seizures; and (v) Favorable driving record. Unfavorable modifiers include: (i) Noncompliance with medication or medical visits; (ii) Alcohol or drug abuse in the past 3 months; (iii) Unfavorable driving record; (iv) Structural brain lesion; and (v) Placement of a vagal nerve stimulator to control seizure activity. [MD. CODE REGS. 11.17.03.04].

Persons who receive notice of suspension or denial of a license may request an Administrative Hearing in writing within 15 days of the date of the notice was mailed to the Office Of Administrative Hearings [MD. Ann.Code §12-203]. The hearing decision will be rendered by an Administrative law Judge of the Office of Administrative Hearings and if appealed, must be appealed to the Circuit court for the county of the licensee's residence, MVA shall grant a stay of its decision when an appeal is filed unless it appears that continued driving priviledges could result in substantial and immediate harm to thte license or others.

Commercial Driving

Maryland has not adopted the federal Department of Transportation's medical standards for purposes of licensing individuals to drive commercial vehicles intrastate. However, individuals who have an established medical history or clinical diagnosis of epilepsy or any other condition likely to cause loss of consciousness may not drive a commercial motor vehicle in interstate commerce in accordance with federal standards [MD. CODE REGS.11.17.04.04]. If a person with a commercial intrastate license has a loss of consciousness or seizure, his license is suspended for 90 days. After 90 days, the individual is eligible to be issued a downgraded (Class C or Class M) non-commercial license only for 9 months. If the individual requests a license other than a non-commercial Class C or Class M license, the Administration may test, restrict and/or designate the class and/or endorsements of the licensee. Otherwise, if the individual is seizure-free during the 9-month period, he or she may reapply for an intrastate commercial license. Persons with epilepsy are disqualified from driving school buses.

Identification Card

A non-driver may obtain an identification card from the Motor Vehicle Administration upon submitting acceptable identification and paying the appropriate fee. ID cards are renewable every five years. Applicants who are 65 or more years old, legally blind, who have permanently lost the use of a leg or an arm or those permanently disabled (cannot move without the aid of crutches or a wheelchair), may be issued an ID card at no cost [MD. ANN. CODE §12-301].

Reporting

While Maryland law does not provide for the mandatory reporting by a physician of a person who has been treated for epilepsy, it does provide for the discretionary reporting to the Motor Vehicle Administration of persons who have ?disorders characterized by lapses of consciousness? [MD. ANN. CODE §16-119].

Driver's License

An individual with epilepsy will be considered eligible for a driver's license if he or she has been seizure free for 6 months and submits a detailed physician's report and recommendation that he or she may drive safely [MASS. GEN. LAWS ANN. ch. 90, §22]. The individual may be required to submit periodic medical reports. The certifying neurologist has no explicit immunity from liability for damages arising out of an accident caused by a seizure. A licensee must be given 14 days notice before his/her license may be suspended or revoked [MASS. GEN. LAWS ANN. ch. 90 § 22 (b)]. The licensee then has 14 days after the date of such notice within which to request a hearing with the registrar of Motor Vehicles about the reason(s) for the revocation or suspension [§ 22 (b)]. Any decision of the registrar to revoke, suspend, or deny a license may be appealed to the motor vehicle liability policies appeals board within ten days.

Commercial Driving

Massachusetts has adopted the Department of Transportation's medical standards for licensing individuals to drive commercial motor vehicles intrastate and the driver must carry a valid medical certificate. An individual who has a current diagnosis of epilepsy is not eligible to receive a certificate or license to operate a school bus, but an individual without a current epilepsy diagnosis is eligible, but may be subject to review by the Medical Board.

Identification Card

Anyone 18 years or older who does not have a valid driver's license may obtain an identification card through the Registry of Motor Vehicles for a $15.00 fee.

Reporting

There is no provision requiring physicians to report to a central agency patients who have been treated for or diagnosed as having epilepsy.

Driver's License

To be eligible for a driver?s license, a person with epilepsy must submit certification that the individual?s condition is under control and that the individual has not had a seizure or impairment of consciousness in the last 6 months (12-months for a chauffeur?s license). [1999, AC R. 257.854]. The 6 or 12-month period may be reduced or eliminated based upon a departmental review of the specific recommendations of a qualified physician or any other information which the department receives, including evidence that the episode resulted from medical intervention or medically supervised experimentation with prescribed medication [R. 257.854(4)(4)]. The Department may issue a restricted license to individuals with disabilities on a case-by-case basis [R. 257.855]. In all instances, the medical information submitted is reviewed by personnel within the Department. (In the future, more complex medical cases may be referred to the Department?s Medical Advisory Board, which is currently in the process of formation.

When the Department of State decides to deny or cancel a person's license, the person may appeal the decision to a Department hearing officer or to the circuit court of the person's residence. The request for a license appeal hearing must be in writing and filed within 14 days of the decision. An appeal can also be made to the circuit court within 63 days of the decision [MCL 257.323 (a)]. Physicians are not granted statutory immunity for the information they provide the Department. However, the Department?s medical form includes the applicant?s or licensee?s release or waiver authorizing the use of information by the Department for the sole purpose of assisting in evaluating the person?s ability to operate a motor vehicle.

Commercial Driving

Michigan will license an individual with epilepsy to drive commercial vehicles, including trucks, buses, or taxis, intrastate if they have been seizure-free for one year. As with personal licenses, the Department may reduce or eliminate the 12-month period based upon a departmental review of the specific recommendation of a qualified physician or other information [R 257.854(4)(4)]. Drivers diagnosed with epilepsy are denied eligibility for driving a school bus in Michigan in accordance with the Department of Education physical guidelines.

Identification Card

A person whose driver's license is suspended for medical reasons may obtain an identification card from the Michigan Department of State. There is no fee.

Reporting

There is no statutory provision requiring physicians to report patients who have been treated for or diagnosed with epilepsy. Persons found to have furnished inaccurate information to the Department during application for a license are subject to a civil infraction, fines, costs, immediate cancellation of the license, and suspension of driving privileges for 90 days to one year. [MCL 257.324(1)(e) and MCL 257.319(5)(a)(b).]

Driver's License

In order to obtain a license, or have one reinstated, a person with epilepsy must present a doctor's certification that he or she has been seizure-free for 6 months [MINN. R. §7410.2500(3) (2008)]. Exceptions may be made if the seizure was due to temporary illness or occurred under a physician's order to change or withdraw medication or was the first seizure experienced by the driver. An individual must report "an episode of loss of consciousness or voluntary control,? in writing, to the department: at the time of applying for a driver's license, if an applicant has experienced an episode; or within 30 days after the episode, if a driver experiences an episode" [MINN. R. §7410.2500].

Reinstatement will require a favorable prognosis by a physician [MINN. R. 7410.2500(4)]. If the episode was caused by medication, or was the first episode, the driver must submit a physician's statement every 6 months for a year [MINN. R. §7410.2500(5A)-(5B)]. If it was the first episode in 4 years, was caused by a temporary situation, and ended in a favorable prognosis, the driver must submit a physician's report every 6 months for a year. Once a driver has been episode-free for 4 years, he must report once every 4 years [MINN. R. §7410.2500 (5E)]. However, more frequent reports may be required based on doctor?s recommendations. An individual must be seizure free 12 months if he or she suffers a seizure episode due to alcohol or controlled substance abuse [MINN. R. §7410.2500(3D)]. The medical information submitted is reviewed by a Driver Improvement Specialist. Physicians who provide such information do not have statutory immunity from liability for damages arising out of a seizure-caused accident.

To appeal a decision to deny or cancel a license, the person must apply in writing for a variance and the person?s physician must provide the Commissioner with a complete medical history with reasons why a variance should be granted. This information is reviewed by the Department's Medical Review Board, which recommends action to the Commissioner [MINN. R. §7410.3000]. Judicial review is available [MINN. STAT. ANN. § 171.19].

Commercial Driving

The standards for obtaining a truck license to drive intrastate are the same as those for obtaining a personal vehicle license. If the job requires a cab card, physical requirements may be more stringent. In order to drive a school bus, a person with epilepsy must be seizure-free for 5 years and off medication for 2 years.

Identification Card

An individual may obtain an identification card at any driver's license renewal office.

Reporting

Minnesota does not have a law requiring physicians to report patients with epilepsy to a central state agency. However, physicians may voluntarily do so without being held to any civil or criminal liability [MINN. STAT. § 171.131(2008)].

Driver's License

To be considered for a license in Mississippi, a person with epilepsy must present a doctor's certification that he or she has been seizure-free for 12 months. There are no exceptions to the 12 month seizure-free requirement. Applicants are asked about any medical conditions on the application. A certifying physician has no explicit immunity from damages arising out of an accident caused by a seizure. A license may be suspended immediately if a physician reports that a driver is physically or mentally unsafe to drive. A person whose license has been suspended may appeal the decision by requesting a hearing in writing before the Department of Public Safety within 10 days of notification of the suspension [MISS. CODE ANN. § 63-1-53]. A person who has been denied a license may appeal the decision by filing a petition in county court. The petition must be filed within 60 days [MISS. CODE ANN. § 63-1-31].

Commercial Driving

An individual who has been seizure-free for 12 months may be issued a commercial drivers' license for driving within Mississippi. Individuals meeting the seizure-free criteria may drive vehicles transporting passengers.

Identification Card

Any person who has attained the age of 13 years may obtain an identification card. The fee is $13 and the card is valid for 4 years.

Reporting

There is no statutory provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency.

Driver's License

The Department of Revenue, Driver's License Bureau has no set seizure-free period; however, it normally requires that a person be seizure-free for at least 6 months. The Medical Advisory Board evaluates each case on an individual basis. The medical information is reviewed by staff personnel of the Driver's License Bureau. The Medical Advisory Board relies on a physician's opinion on whether the applicant or licensee can drive safely. A person is normally granted a conditional license for a year. At the end of that time period, the Bureau verifies that the individual has been seizure-free for the year. No civil or criminal action may be brought against a member of the Medical Advisory Board without a showing of fraud or malice [MO. ANN. STAT. § 302.292 (2008)]. However, a physician who provides such information does not have statutory immunity from liability for damages arising out of an accident caused by a seizure. A person may have his or her license revoked if he or she refuses or neglects to provide a physician's report, or provides a report which recommends against licensing. A person whose license has been denied, suspended or revoked may appeal the decision to Circuit Court of their county of residence. The appeal must be filed within 30 days [MO. ANN. STAT. § 302.311]. Periodic examinations may be required for persons who have conditions that may impair their ability to drive safely. A driving and/or medical examination may be required when a member of the operator's family submits a report. Medical professionals will not be prevented from making a report because of their physician-patient relationship. An individual is immune from civil liability when they have made a report in good faith [MO. ANN. STAT. § 302.291].

Commercial Driving

Missouri follows the federal regulations with regard to licensing persons to drive commercial vehicles within the state.

Identification Card

The Department of Revenue issues a Non-Driver License instead of an identification card. The "ND" license expires 3 years from the date issued. The fee for a non-driver I.D. is $7.50.

Reporting

There is no statutory provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency.

Driver's License

An individual applying for a driver?s license in Montana must provide a brief description of any condition that impairs or may impair a person?s ability to exercise ordinary and reasonable control in safely operating a motor vehicle safely [MONT. CODE ANN § 61-5-107 (2008)]. Montana does not require a specific seizure-free period in order for a person with epilepsy to be eligible for a driver's license. However, a person "who has any condition characterized by lapse of consciousness or control, either temporary of prolonged" may be issued a license at the discretion of the Department of Motor Vehicles (DMV) if he or she is otherwise qualified and the individual's attending physician attests in writing that the "person's condition has stabilized and would not be likely to interfere with that person's ability to operate a motor vehicle safely" [MONT. CODE ANN. § 61-5-105 (7)(2008)]. Montana learns about whether an individual has epilepsy through its application and renewal forms and through doctors who voluntarily report their patient's condition to the DMV.

Commercial Driving

In order to obtain a license to drive trucks intrastate, a person with epilepsy must have had no episode or loss of consciousness or control within the preceding 5 years as certified by his physician. To drive a commercial bus, an individual must be seizure-free for 5 years. To drive a non-commercial bus, one must be seizure-free 6 months. A person whose license has been denied or suspended may request an administrative hearing. The request must be made within a "reasonable period" of the decision to deny or suspend. An appeal may be made to the district court in the county in which the petitioner resides, but must be made within thirty (30) days of the denial or suspension [MONT. CODE ANN. §61-5-211].

Identification Card

A non-driver may apply for an identification card at the Motor Vehicles Division. There is a fee of $8.00 and the applicant must provide proof of identity and Montana residency [MONT. CODE ANN. § 61-12-501]. The identification card is valid for four years.

Reporting

There is no statutory provision requiring physicians to report to a central state agency patients who have been treated for or diagnosed as having epilepsy. There is a statute giving physicians immunity from liability for reporting in good faith any patient whom the physician diagnoses as having a condition that, in the physician's judgment, will significantly impair the patient's ability to safely operate a motor vehicle [MONT. CODE ANN. §37-2-311(1)]. No action may be brought against a physician for not making such a report.

Driver's License

Applicants are asked medical questions on their application when applying for a driver?s license [NEB. REV. STAT. § 60-4,118 (2007)]. Any person with a physical condition that would detract from his or her ability to safely operate a motor vehicle must show through examination that he or she has the ability to do so. The statute does not specifically mention either epilepsy or a required seizure-free period; the determination for license eligibility is made on a case-by-case basis. Any medical information submitted is reviewed by a Department of Motor Vehicles examiner [NEB. REV. STAT. § 60-4,118]. The Manager of the Examining Division reviews medical information and advises the Department on those applications which are submitted by individual examiners for assistance.

A physician who provides such information does not have statutory immunity from liability for damages arising out of an accident caused by a seizure. A person who has been denied a license or has had his or her license canceled may appeal the decision in writing to the Director of the Department of Motor Vehicles at any time [NEB. REV. STAT. § 60-4,114(4)]. The Director must respond within 10 days of the appeal. The decision to deny or cancel may be appealed to district court. The appeal must be filed within 30 days after the decision [NEB. REV. STAT. § 60-4,105]. As a jurisdictional prerequisite to the filing of the appeal there must also be a bond of $200.00 filed with the Director within 20 days from the date of the final order.

Commercial Driving

In order to obtain a commercial driver's license, the applicant must meet the federal commercial driver licensing regulations and present with the application [§60-4,145 and 146]. Individuals with epilepsy must meet the federal Department of Transportation medical requirements to drive school buses. People with epilepsy may be granted a waiver for intrastate commercial licenses.

Identification Card

An individual must appear before a license examiner, provide two forms of identification, complete an application and then present the application to the county treasurer for issuance of a State ID Card. Fees for Nebraska?s identification cards range from $5.00 to $24.00 depending on the expiration dates.

Reporting

There is no statutory provision requiring physicians to report patients with epilepsy to a central state agency.

Driver's License

Nevada requires a person with epilepsy applying for a license to submit a medical report certifying that he or she has been seizure-free for 3 months prior to the application date. Medical information submitted is reviewed by personnel within the Driver's License Division of the Department of Motor Vehicles (DMV). Difficult cases are referred to a Medical Advisory Board. A person who has been seizure-free for 3 months may be issued a restricted license, which requires the individual to submit annual medical reports. According to the DMV, once the individual has been seizure-free for 3 years, the reports are not required. The Department may issue a license to an individual who has not been seizure-free for 3 months if their physician certifies in writing that the applicant's condition has stabilized or the incident was isolated. Decisions are made on a case-by-case basis. Medical information is kept confidential and maintained in a file separate from the driver's accident history. A person who fails to provide required medical reports will have his or her license revoked. The license will be cancelled if the person has a seizure. It will remain cancelled until 3 months have elapsed since the seizure. A person whose license is denied, revoked or cancelled may appeal the decision by requesting a departmental hearing. The request must be in writing and submitted within 30 days. Judicial review is available under NEV. REV. STAT. § 483.520. A person's whose license is cancelled due to a medical reason may obtain a Nevada identification card free of charge [NEV. REV. STAT. § 483.410].

Commercial Driving

Nevada has adopted the federal regulations governing the licensing of truck drivers. Individuals may be licensed to drive passenger-carrying vehicles such as taxis, buses or school buses if they obtain a federally approved waiver or the individual has been seizure-free for 3 years.

Identification Card

Nevada offers a non-driver identification card. An applicant must bring legal proof of name, date of birth and their social security number, and pay a fee.

Reporting

Physicians are required to report to the Division of Health the name, address, and age of every person diagnosed as having epilepsy. Failure to do so is a misdemeanor. The Division of Health will then report the person to the Department of Motor Vehicles. The information is kept confidential, and is used solely for determining eligibility for driver's licenses [NEV. REV. STAT. § 439.270].

Driver's License

A person with epilepsy may obtain a license if he or she presents a current report covering diagnosis, treatment, prospect for recovery and evidence that he or she has been seizure-free for a period of 12 months. The department will consider issuing a license prior to an individual being seizure-free for 12 months if the individual submits a current statement of his or her medical history with a statement from the physician that the person's condition and treatment program does not endanger public safety. A license may be suspended or revoked without a hearing because of a person's physical incompetency. If a license is suspended for this reason, the driver, upon his or her written application, shall be granted a hearing within 15 days after filing the application [N.H. REV. STAT. ANN. § 263-59 (2008)]. A request for a hearing may be made at any time. If the revocation or denial is sustained by the hearing officer, an individual may appeal the decision within 30 days to superior court in the county where the individual resides [N.H. REV. STAT. ANN. § 263-75, 263-76]. A state hearing examiner reviews any medical information submitted. Restricted licenses are available. Physicians who supply information to the DMV are not immune from liability for damages arising out of an accident caused by a seizure.

Commercial Driving

New Hampshire has adopted the federal Department of Transportation medical criteria for issuing commercial drivers licenses [N.H. REV. STAT. ANN. § 263-87].

Identification Card

For a $10.00 fee resident non-drivers may obtain a picture identification card bearing their name, address, social security number, date of birth, blood type (optional), picture and signature. The card is valid for 5 years from the date of issuance [N.H. REV. STAT. ANN. 260:21].

Reporting

There is no provision requiring physicians to report individuals they treat or diagnose as having epilepsy to a central agency.

Driver's License

A person with epilepsy may obtain a license if they have been seizure-free for 1 year immediately prior to the date of application. Upon initial application and renewal, persons subject to recurrent convulsive seizures, recurrent periods of unconsciousness or impairment or loss of motor coordination due to a condition such as epilepsy must report the fact of the condition and any other such information as requested to the Director of the Division of Motor Vehicles [N.J. STAT. ANN. 39:3-10.5 2008]. All medical information is reviewed by the Division of Motor Vehicles' Physically Unqualified Unit. Difficult cases are reviewed by the Division's Neurological Disorder Committee [N.J. ADMIN. CODE 13:19-5.1 et seq.], which may make exceptions to the 1 year seizure-free period [§ 13:19 - 5.7]. While the state has the right to deny or suspend licensing for 1 year, the panel does not require every person with epilepsy to be seizure-free for 1 year. Determinations are made on an individual basis and the type of epilepsy, such as nocturnal seizures, is considered. For example, women who went off their medication during pregnancy may be permitted to drive again in less than a year. The person must submit reports every 6 months for the first 2 years. Subsequent reports must be submitted yearly. The right to hold the license is based on the absence of seizure activity, which must be established through these reports. Failure to meet the requirement can result in the suspension and revocation of the license [§ 13:19-5.9]. The director may issue any reasonable restrictions in light of an applicant's physical condition to assure the safe operation of a motor vehicle [N.J. STAT. ANN. 39:3-11].

New Jersey law does not provide immunity to a physician who provides medical reports from civil liability for damages arising out of an accident caused by a seizure. In order to appeal a decision of the Division, a person must request a formal hearing before a judge in the Office of Administrative Law. The request must be made within 10 days of the Division's decision. The licensee then has 15 days in which to file an exception to an adverse decision with the Director of Motor Vehicles. The Director's decision is final, and may be appealed to the Appellate Division of the Superior Court within 45 days.

Commercial Driving

New Jersey has adopted the requirements of the U.S. Department of Transportation regarding the licensing of persons with epilepsy to drive both trucks and buses intrastate.

Identification Card

Any person with a disability and over the age of seventeen may obtain an identification card from the Division of Motor Vehicles. One must submit an application (which includes a physician's statement), pay a $6.00 fee, and provide the documents to complete New Jersey?s six point identification test.

Reporting

Physicians who treat anyone 16 years or older for recurrent convulsive seizures, recurrent periods of unconsciousness, or impairment or loss of motor coordination due to conditions such as epilepsy must, when the condition persists or recurs despite medical treatment, report this to the Director of the Division of Motor Vehicles within 24 hours of this determination [N.J. REV. STAT. §39:3-10.4.] Reports made under this requirement are to be kept confidential and used only to determine eligibility to operate a motor vehicle [N.J. REV. STAT. §39:3-10.7.]

Driver's License

While New Mexico's statutes and regulations do not specifically mention epilepsy as a basis for denying a license, the state's Medical Advisory Board has a policy that a person be seizure-free for the year immediately preceding the application date. The medical information submitted by the applicant is reviewed by the Medical Advisory Board. "Members of the board and other persons making examinations shall not be held liable for their opinions and recommendations . . . ." Reports made for the purpose of assisting the Motor Vehicle Division (MVD) in determining whether a person is qualified to be licensed are confidential and may not be used as evidence in any trial [N.M. STAT. ANN. § 66-5-6(F) (2008)]. At the recommendation of the Medical Advisory Board, an applicant may be issued a probationary or restricted license [N.M. STAT. ANN. § 66-5-8]. The reason for a licensee's suspension, revocation, denial or cancellation is distinguished by violation code.

A person may appeal the decision to deny, suspend or revoke a license by requesting a hearing. The request must be made within 20 days after the decision [N.M. STAT. ANN § 66-5-30]. If a license is cancelled, suspended, denied or revoked, the licensee may, within 30 days, file a petition for a hearing in the district court of the county where he or she resides [N.M. STAT. ANN § 66-5-36].

Commercial Driving

New Mexico has adopted the federal DOT's standards for licensing individuals to drive intrastate. However, persons who do not qualify may apply for a waiver. Currently, an individual must show he or she has been seizure-free for 1 year and experiences no side effects from medication. The waiver is valid for 1 year and restricts the driver to intrastate driving only. Individuals may be licensed to drive passenger carrying vehicles if they meet the intrastate commercial driving requirements.

Identification Card

New Mexico residents who are 13 or older and who do not have a valid state driver's license may be issued an identification card by the motor vehicles division. Identification cards are renewable every 4 years for a fee of $5.00, or 8 years for a $10.00 fee. Applicants must present one proof of identity and identification number and two proofs of New Mexico residency [N.M. Stat. Ann. §§ 66-5-401 to 66-5-408].

Reporting

There is no statutory provision requiring the reporting of individuals who have been treated for or diagnosed as having epilepsy or a seizure disorder to a central state agency.

Driver's License

For an applicant to be issued a driver?s license in New York, a person with epilepsy must not have experienced a loss of consciousness within the previous 12-month period. The applicant must submit a physician's statement confirming this fact. A person who has experienced a loss of consciousness during this period may be licensed at the discretion of the Motor Vehicles Commissioner if: 1) it was due solely to a physician-directed change in medication and the physician submits a statement to that effect, or 2) the person submits a physician's statement confirming his knowledge of all such incidents and recommending licensing despite the medical history, because in his opinion the condition will not interfere with the safe operation of a vehicle and the Department?s medical consultant has no objection to such issuance [N.Y. COMP. CODES R. & REGS tit. 15, § 9.3 (2008)]. Each case is reviewed individually. As a condition of licensing, a person may be required to submit periodic physicians? statements as to his or her fitness to drive, unless the person submits a physician?s report that he or she has been seizure-free without medication for 1 year or more [N.Y. COMP. CODES R. & REGS tit. 15, § 9.5]. Restricted licenses are not available.

If the Commissioner decides to suspend or deny a person's license because of medical unfitness, the Commissioner shall notify the person of the proposed action with an offer to withhold such action until after a department hearing, if the person requests a hearing. If a hearing is not requested within 30 days of the notice, the denial or suspension shall take effect [N.Y. COMP. CODES R. & REGS tit. 15, § 9.4(a)]. Judicial review of the Commissioner's determination after a hearing may be had without an administrative appeal [N.Y. COMP. CODES R. & REGS tit. 15, § 9.6(b)].

Commercial Driving

First-time commercial driver license applicants and current commercial licensed drivers applying for renewal are required to certify that they comply with federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles and that they have a valid medical examiners certificate. Only those applicants who had obtained their commercial driver?s license prior to September 9, 1999 and who had a restriction for ?intrastate commerce only,? who had not dropped down in commercial class or had their commercial privileges revoked, are able to retain the restriction without the medical examiner?s certificate. Persons with diagnosed seizure disorders or any condition which is likely to cause loss of consciousness or any loss of ability to control a bus are disqualified from driving a bus [N.Y. COMP. CODES R. & REGS tit. 15, § 6.11(8)].

Identification Card

Photo non-driver identification cards are available through the local Department of Motor Vehicles.

Reporting

There is no statutory provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy.

Driver's License

The recommended requirement for a driver?s license for an individual with epilepsy is that they be seizure-free for 6-12 months. However, the DMV may consider the following exceptions to this general rule where: (1) a physician-directed change in medication causes a seizure and the individual immediately resumes the previous therapy which controlled seizures; (2) there is a history of nocturnal seizures or seizures which do not involve loss of consciousness, loss of control of motor function, or loss of appropriate sensation and information process; and (3) an individual has a seizure disorder preceded by an aura (warning) lasting 2-3 minutes. While the DMV may also give consideration to other unusual circumstances which may affect the general requirement that drivers be seizure-free for 6-12 months, interpretation of these circumstances and assignment of restrictions is at the discretion of the Medical Advisor. The DMV also considers compliance with medical therapy essential for safe driving. [The North Carolina Physician's Guide to Driver Medical Evaluation (June, 1995 ed.)] The Department learns of an individual's condition by inquiring on the application form or renewal form, a physician's report to the DMV, an accident report or from correspondence from the individual. The person may be required to submit a Medical Report Form either annually or semi-annually.

A person whose license has been denied for medical reasons may request a hearing in writing within 10 days of the notice of cancellation. The licensee may retain his or her license during the hearing process until advised otherwise by the Review Board. Actions of the Review Board are subject to judicial review under N.C. Gen. Stat. Chap. 150B. See Chestnut v. Peters, 266 S.E. 2d 623 (N.C. 1980)(Division of Motor Vehicles was not justified in canceling driving privileges of person with epilepsy where all evidence indicated that his seizures were controlled and that he had exercised reasonable and ordinary control in operating a motor vehicle).

Commercial Driving

North Carolina has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles intrastate. Persons with epilepsy may apply to the state for a waiver; however, no specific criteria exists for determining eligibility. Decisions are made on a case by case basis by the DMV's Medical Advisor. Persons with epilepsy may be licensed to drive passenger carrying vehicles such as taxis; however, they are restricted from driving buses or school buses.

Identification Card

A person may obtain an identification card at a local driver license office for a $10.00 fee.

Reporting

North Carolina has no statutory provision requiring physicians to report patients diagnosed with epilepsy or seizures to a central state agency.

Driver's License

A person with epilepsy may obtain a license by submitting a sworn statement that he or she has been seizure-free for at least 6 months. However, if the treating physician establishes a single episode as an isolated incident which is not likely to recur, the person could be allowed to operate a motor vehicle. The applicant must also submit a written certification from his or her doctor that he or she has been seizure-free for 6 months, has been cooperating in the treatment of his or her epilepsy, and that the individual can safely operate a motor vehicle. A licensee must submit medical reports at least once a year. The reports will not be required after the person has been off medication and seizure-free for 3 years [N.D. Administrative Code Sec. 37-03-01-05 (2008)]. A person who has been seizure-free for 3 months may be able to obtain a restricted license if he or she submits a sworn statement that they have been seizure-free for that period, and his or her doctor certifies that the epilepsy is adequately controlled, and the individual can safely operate a motor vehicle. The person will only be allowed to do necessary driving (to and from work and school only). After 6 months of being seizure-free, the person may apply for a regular license [N.D. Administrative Code Sec. 37-03-01-05].

Commercial Driving

North Dakota has adopted the federal Department of Transportation's criteria for licensing commercial intrastate truck drivers. However, if an individual was diagnosed with epilepsy before March 26, 1991 and held a valid commercial drivers license at that time, the individual may continue to be licensed to drive commercial vehicles. Bus and school bus drivers must meet the commercial driver license requirements.

Identification Card

A non-driver may obtain an identification card from the Driver's License Division. The fee is $8.00 and the card is valid for 8 years.

Reporting

There is no law requiring physicians to report patients with epilepsy to a state agency. However, there is a law giving physicians permission to report to the state highway department in writing, the name, date of birth and address of every patient over the age of 14 whom they have reasonable cause to believe is incapable, due to physical or mental reason, of safely operating a motor vehicle. The law also allows physicians to report patients who have been "diagnosed as a case of a disorder defined as characterized by lapses of consciousness, gross physical or mental impairments." The state department of health and consolidated laboratories is to define what disorders are covered by this provision. Physicians who in good faith make a report or give an opinion or recommendation or participate in any proceeding pursuant to this law are immune from liability.

Driver's License

Ohio's application for a driver's license asks whether the applicant is now or has ever been afflicted with epilepsy or any other physical or mental disability or disease, which must be answered under oath [OHIO REV. CODE ANN. § 4501.0--1-18 (2008)]. There is no specific length of time a person must be seizure-free. The applicant is required to report the existence of any medical or physical condition which may impair driving when testing or applying for an Ohio license. Any person giving false information when applying for a license is subject to prosecution [OHIO REV. CODE ANN. § 2921.13]. If the individual's physician completes a medical form indicating the condition is under sufficient medical control for the safe operation of a motor vehicle, the person may be licensed. If a person's physician also indicates that the condition has been controlled less than 5 years without an episode, a restricted license requiring the submission of medical reports either every 6 months or once a year is issued. A physician who provides such information has no explicit immunity from liability for damages arising out of an accident caused by a seizure [OHIO REV. CODE ANN. § 4507.08]. A person whose license is denied or suspended may appeal the decision by requesting an administrative hearing. The request must be submitted in writing within 30 days of the mailing of the suspension/denial notice. Courts have held that physicians have a duty to exercise reasonable care when they certify that a patient who is subject to impaired consciousness is under effective medical control under §4507.08. A physician may be liable for injuries to third parties resulting from the patient's actions [Krejci v. Akron Pediatric Neurology, Inc., Ohio App. 3d 273, N.E.2d 129 (1987)]

Commercial Driving

Ohio has not adopted the federal Department of Transportation's medical criteria for licensing individuals to drive commercial vehicles intrastate. To be eligible for a license to drive a transit bus or taxi, a person must meet the same medical criteria as for a personal vehicle license [OHIO REV. CODE ANN. §§ 4507.08, 4506.03]. Per order from the Ohio Board of Education, an individual cannot be licensed to operate a school bus if he or she has an established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control and safely operate a school bus.

Identification Card

A person may apply for an ID card by presenting their social security card and birth certificate at a license bureau and paying the $8.50 fee. If the individual currently has a license, he or she must consent to the license being canceled. Identification cards are also available to drivers whose licenses have been suspended or revoked. To receive a temporary identification card, drivers must take the suspension notice to the Deputy Registrar Office. The Deputy will then issue an Ohio identification card. The temporary identification card will indicate the ending date of the suspension. If the suspension is indefinite, the card will indicate the normal expiration date for the temporary identification card [OHIO REV. CODE ANN. § 4507.50].

Reporting

There is no statutory provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency.

Driver's License

Oklahoma requires individuals to be episode-free for six (6) months to qualify for a license [OKLA. ADMIN. CODE § 595:10-5-9(b)(1)(A) (2008)]. An "episode" means any incident or segment of time involving altered consciousness and/or loss of body control [595:10-5-9]. A person may be exempted from the six (6) month episode-free period requirement if the episode was due to a doctor-directed medication change, was an isolated occurrence, or the person has nocturnal seizures. In all cases, an individual must be seizure-free for 3 months and the person must submit proof that episode control has been established with reasonable certainty [595:10-5-9(b)(1)(B)]. The Bureau of Motor Vehicles (BMV) may restrict a person's license based on the recommendations of the physician conducting the medical exam or the Medical Advisory Committee [595:10-5-9(b)(1)(C)]. An individual is required to inform the BMV of any seizures which occur between license renewals. Any person or physician who reports a person with any disability that may impair driving has immunity from civil liability and immunity in any judicial proceeding that might otherwise be incurred [OKLA. STAT. ANN. tit. 47, § 6-207]. There is a right to appeal for any person whose driving privileges were denied. The petition to appeal must be filed within thirty (30) days after receiving notice from the BMV [OKLA. STAT. ANN. tit. 47, § 6-211(A),(E)].

Commercial Driving

A person will not be issued an intrastate 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 [OKLA. ADMIN. CODE § 595:10-5-9 (2)(A)]. However, a person may be considered for an intrastate license if the licensee submits proof from the licensee's treating physician that he or she has been free from lapses of consciousness, seizures, or epileptic episodes for two (2) years, and off all anti-convulsant medication for two (2) years.

Identification Card

Anyone can obtain an identification card by application through a driver license examiner for a $10.00 fee [OKLA. STAT. ANN. tit. 47, § 6-105(E)]. If an individual is under the age of 16, the application must be signed by parent or legal guardian.

Reporting

There is no statutory provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency.

Driver's License

In order to obtain a license, an individual who has suffered a loss of consciousness or physical control, or has had his or her ability to drive impaired within the last 2 years must supply a "Certificate of Medical Eligibility" that the condition does not interfere with his or her ability to drive. The medical information submitted by the applicant is then reviewed by a State Health Officer, who must concur in the recommendation to grant the license. [OR. REV. STAT. § 807.090 (2008)]. To determine licensing of an applicant with epilepsy or loss of consciousness, the Oregon Motor Vehicles Division follows the medical criteria guidelines outlined for the Driver Medical Certification Program. The guidelines provide a schedule of periodic physical examinations, depending upon the frequency and cause of the seizures. A person with epilepsy who has had recurrent seizures while under medication, without an identifiable and temporary precipitating factor such as an acute illness, may not drive until at least 3 months have elapsed and a physician has provided sufficient evidence to assure the driver is medically qualified to drive.

However, with a strong statement of support from the treating physician, a shorter time period may be considered if the seizure is related to an adverse reaction to medication or associated with a physician-directed medication change or with a reversible acute illness. A person who experiences strictly nocturnal seizures or seizures preceded by prolonged auras may not require driving restrictions, depending on the individual's history. Other situations would be considered by Oregon's Medical Determination Officers (physicians employed by DMV) on a case by case basis.

In order to appeal a decision to deny or suspend a license for medical reasons, a person must request a hearing before a division hearing officer. The scope of the hearing is to determine if the DMV took appropriate action. No medical information can be provided for Hearing Officer to make a decision. The request must be written and submitted within 20 days of the Division's order. The hearing decision may be appealed to the Court of Appeals. The appeal must be filed within 60 days of the decision.

Commercial Driving

Oregon has adopted the federal regulations regarding the licensing of truck drivers. However, persons with epilepsy and other medical conditions may apply for a waiver. Decisions regarding licensing are made on a case-by-case basis by the State Health Officer. According to Oregon?s DMV, to qualify for a waiver drivers with epilepsy must have remained seizure-free for at least two years while taking anticonvulsants and submit a current evaluation by the treating physician. The evaluation should include: a brief history of clinical findings, a description of current treatment, results of a recent electro-encephalography, anticonvulsant blood levels, a statement concerning the stability of the condition, and, a statement that the person continues to demonstrate good compliance and maintenance of effective anticonvulsant levels. These same requirements apply to drivers of buses and taxis (school bus drivers have additional requirements set out by the state department of education).

Identification Card

Oregon residents may obtain a non-driver identification card valid for eight (8) years through the Motor Vehicles Division for a $33.50 fee. Applicants must provide proof of age and identity [OR. REV. STAT. § 807.400].

Reporting

Physicians and health care providers are required to report to the DMV persons age 14 and older with "severe and uncontrollable impairments." An uncontrollable impairment is defined as one that "cannot be controlled by medication, therapy, surgery or adaptive devices." [OR. REV. STAT. § 807.710]. Cognitive and functional impairments are not uncontrollable if they are temporary or can be corrected or compensated for by medication, therapy and surgery or driving device or technique. Physicians and health care providers who make reports in good faith are immune from liability that might otherwise result from making the report. They are also immune from liability if they do not make reports.

Driver's License

According to the Department of Transportation's Medical Advisory Board, a person who has a seizure disorder must be seizure-free for 6 months before he or she will be allowed to drive. This is true for both new applicants and also those who develop a seizure disorder after obtaining a license. [67 PA. CODE § 83.4(a) (2008)]. The department may waive the seizure-free requirement upon request by the person's physician if the person: (1) has nocturnal seizures or a pattern of seizures occurring immediately upon waking, with or without medication, which has been established over a period of at least 2 years [ 67 PA. CODE § 83.4((b)(1)]; or (2) experiences a specific prolonged aura, with or without medication, which has been established over a period of 2 years [67 PA. CODE § 83.4(b)(2)]; or (3) was previously seizure-free for a six-month period and the subsequent seizure(s) occurred as a result of a prescribed change in or removal from medication while under the supervision of a licensed physician, and prior medication has been reinstituted [67 PA. CODE § 83.4(b)(3)]; or (4) was previously seizure-free for a six-month period and the subsequent seizure(s) occurred during or concurrent with a nonrecurring transient illness, toxic ingestion, metabolic imbalance, or nonrecurring trauma. [67 PA. CODE § 83.4(b)(4)].

A person whose license has been suspended, recalled or denied may request an administrative hearing. The individual may appeal the final decision to the Court of Common Pleas in his or her county of residence. An appeal must be made within 30 days from the date the decision is mailed. The Department's action is stayed pending final determination of the matter. Restricted or probationary licenses are not available.

Commercial Driving

Pennsylvania has adopted the federal Department of Transportation's medical criteria for licensing individuals to drive commercial vehicles intrastate. A regularly employed driver who cannot meet the physical qualification requirements of § 231.61 (relating to physical qualifications of drivers) will be considered to be qualified to operate in intrastate commerce if certified by the medical examiner and motor carrier in accordance with this section. Commercial vehicles include buses, motor vehicles and combinations of vehicles engaged in intrastate commerce if the registered gross weight of the vehicle or combination of vehicles exceeds 17,000 pounds, but does not include farm trucks not required to be registered. This chapter does not apply to maintenance mechanics driving vehicles as part of their duties related to routine road tests or other maintenance tests provided the mechanic operates the vehicle within 25 air miles of the maintenance facility to which he is assigned. [PA. CODE § 231.2.(c)(1)(e)].

Identification Card

The Driver Licensing Bureau issues photo identification cards to non-drivers at Driver License Centers. There is a fee of $10.00 and applicants must provide appropriate verification documents [67 PA. CODE § 91.4(a)].

Reporting

Physicians and others authorized to diagnose or treat disorders characterized by lapses of consciousness are required to report patients with such disorders who are over the age of 15 within 10 days to the Pennsylvania Department of Transportation [75 PA. CONS. STAT. § 1518(B)]. Physicians and agencies are not civilly or criminally liable for such reports [75 PA. CONS. STAT. §1518(f)].

Driver's License

Every applicant for a driver's license must submit a physician's certificate stating that the applicant has undergone a physical exam and was found to be physically fit and without any apparent disability to drive a motor vehicle [P.R. LAWS ANN. tit. 9, § 5059 (2007)]. The medical information submitted is reviewed by the Medical Advisory Board. The applicant may be issued a restricted license. A person whose license has been denied, revoked or suspended has 20 days after the decision to appeal by filing for an administrative hearing. The driver has another 20 days to request a reconsideration of the hearing's outcome. Then, after the second denial, the person may appeal to the Court of First Instance of Puerto Rico.

Commercial Driving

The standards for obtaining a truck license are the same as those for a personal vehicle license. Physicians who provide opinions regarding a person's ability to drive may not be sued for their opinions and recommendations.

Identification Card

Government-issued identification cards are not available. Reporting

Reporting

There is no statutory provision requiring physicians to report patients with epilepsy to a central government agency.

Driver's License

In order to obtain a license, a person with epilepsy must submit a doctor's certification that he or she is able to drive safely. Although the driver's licensing statute does not specify a required seizure-free period, the Department of Transportation reports that in most cases it uses an 18-month seizure-free period. The medical information submitted is reviewed by the Medical Advisory Board of the Division of Motor Vehicles [R.I. GEN. LAWS § 31-10-44 (2008)]. A person whose license has been denied, suspended or revoked for medical reasons may appeal the decision to the Administrative Adjudication Court. The appeal must be filed within 10 days of the decision [R.I. GEN. LAWS § 31-11-15].

Commercial Driving

To qualify for a license to drive a truck intrastate, an applicant must have no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or loss of ability to control a motor vehicle.

Identification Card

Any person may obtain an identification card through the Division of Motor Vehicles for a fee of $16.50. A person must present valid documents to prove identity and residency in Rhode Island.

Reporting

Any physician who diagnoses a physical or mental condition which in the physician's judgment will significantly impair the person's ability to safely operate a motor vehicle may voluntarily report the person's name and other information relevant to the condition to the Medical Advisory Board within the Registry of Motor Vehicles [R.I. GEN. LAWS § 31-10-44(3)(F)]. Any physician reporting in good faith and exercising due care shall have immunity from any liability, civil or criminal, that otherwise might result by reason of his actions pursuant to the section. No cause of action may be brought against any physician for not making a report pursuant to this section [R.I. GEN. LAWS § 31-10-44(3)(G)].

Driver's License

In order for a person with epilepsy to be eligible for a driver's license, the individual must be seizure-free for a period of 6 months prior to the application. The applicant must also submit a physician's statement regarding his or her condition. The medical information is reviewed by the Medical Advisory Board of the Department of Public Safety. Probationary licenses are not available. A physician who provides medical information is not guaranteed immunity from liability for damages arising out of an accident caused by a seizure. After 6 months, the applicant is required to submit a medical report to the Department. Thereafter, medical reports are required once a year for 3 years. To appeal a decision to deny or revoke a license, the person must request a departmental hearing within 10 days of the decision. If the revocation is sustained, the driver has 30 days within which to request a review by the Circuit Court [S. C. CODE ANN. REGS. §§ 56-1-370, 56-1-410]. A person's license which is revoked or suspended for medical reasons is distinguished in their records from those whose license may be suspended or revoked for driving violations.

Commercial Driving

South Carolina has adopted the federal requirements regarding the licensing of truck drivers. Persons with epilepsy are not approved for large or passenger-for-hire vehicles carrying more than 16 passengers. Individuals must meet the standards for a personal vehicle license to be eligible to drive a taxi or buses carrying fewer than 16 passengers.

Identification Card

A non-driver may obtain an identification card through the Department of Public Safety by submitting proper identification and paying a $5.00 fee [S. C. CODE ANN. REGS § 57-3-910].

Reporting

There is no statutory provision requiring physicians to report to a central state agency patients who have been treated for or diagnosed as having epilepsy

Driver's License

A person with epilepsy may obtain a license if he or she submits a physician's certification that the individual's epilepsy is controlled by medication, and that the applicant is continuing to take medication. A temporary license valid for 6 months may be issued until the person has been seizure free for 12 months [S.D. Codified Laws Ann. § 32-12-5.1]. A temporary license is subject to review by the department every 6 months, or until the applicant has been seizure free to 12 months. Medical information is reviewed by Department of Public Safety personnel. The Department of Public Safety, having good cause to believe that a licensed operator is incompetent or otherwise not qualified to be licensed, may upon written notice of at least 5 days to the licensee, require him or her to submit to an examination or interview. Upon the conclusion of such examination or interview, the department shall take action as may be appropriate and may deny or cancel the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under §§ 32-12-36 and 32-12-37. Refusal or neglect of the licensee to submit to such examination or interview shall be grounds for cancellation of his or her license. [S.D. Codified Laws Ann. § 32-12-46]. A person whose license has been denied or cancelled may appeal the decision by petitioning for an administrative hearing. There is no statutory immunity granted to physicians for information they provide to the Department.

Commercial Driving

South Dakota uses the same standards for licensing individuals to drive a truck intrastate as for a personal vehicle license. However, an individual must meet the federal DOT's medical criteria for being licensed to drive a school bus.

Identification Card

Any person aged 12 years or older may obtain an identification card at a Department of Public Safety examination center by showing proper identification and paying a fee.

Reporting

There is no provision requiring physicians to report to a central state agency patients who have been treated for or diagnosed as having epilepsy. Nor is there any law or regulation imposing an affirmative duty on licensees to report any seizure which occurs between license renewals.

Driver's License

A person with epilepsy must be seizure free for a period of 6 months before applying for a license. An individual whose seizures have been controlled for 6 months may be approved for driving privileges if the Department of Safety receives a favorable recommendation from the individual?s physician and the Medical Review Board. A person whose license has been suspended or denied may appeal the decision by requesting an administrative hearing. The request must be made to the Department within 20 days of the proposed suspension notice. A petition for appeal from the outcome of the hearing must be filed within 10 days. The second administrative decision is a final order, and a petition for review in a chancery court must be filed within 60 days.

Commercial Driving

Tennessee has adopted the federal Department of Transportation's medical criteria for issuing intrastate commercial drivers' licenses. Persons with epilepsy are ineligible for such licenses, but may obtain a Class F license to drive taxis and buses which carry fewer than 15 passengers if the applicant has been seizure-free for six months and obtains a favorable recommendation from the individual?s doctor and the Medical Review Board. However, drivers with a history of epilepsy who are off antiseizure medication and seizure-free for 10 years or more may obtain a waiver from the restrictions on driving commercial motor vehicles and may drive intrastate.

Identification Card

A person with a physical disability who is unable to obtain a driver's license can obtain a permanent photo identification card from the Department of Safety. [Rule 1340-1-13-.06] ID cards are issued free of charge. [Rule 1340-1-B-.14]

Reporting

There is no law requiring physicians to report patients with epilepsy to a central state agency.

Driver's License

Issuance of a personal vehicle license (Class C) in Texas is dependent upon the following conditions: (1) there is no evidence of clinical seizures (including partial seizures) in a 6-month observation period prior to medical review; (2) the individual is currently under a physician's care to assess control by anticonvulsant medication, drug side effects, seizure recurrence and any neurological or medical changes in condition; and (3) there is a specific recommendations from the applicant's physician regarding the applicant's reliability in taking medications, avoiding sleep deprivation and fatigue, and avoiding alcohol abuse. Applicants with nocturnal seizures (i.e., no seizures ever while awake) should be allowed to operate private vehicle in Class C and be reevaluated annually. If an applicant has a well-controlled seizure disorder while on medications, and then experiences a breakthrough seizure due to a physician-directed change in medication, the individual should be permitted to drive when returned to his or her previous medication regimen [Medical Standards on Motor Vehicle Operations Division, Texas Dept. of Health (1991)]. Restricted or probationary licenses are not available.

The Medical Advisory Board reviews the medical information submitted by the applicant. Doctors who make recommendations to the Medical Advisory Board may not be held liable for their opinions and recommendations [TEX. HEALTH & SAFETY CODE ANN. § 12.098]. A person whose driver's license is suspended may appeal the decision by filing a petition within 30 days of the decision [TEX. TRANSP. CODE ANN. § 521.302(A)]. The records of individuals whose license is suspended or revoked for medical reasons is not distinguished from those persons who lose their license due to driving violations.

Commercial Driving

Texas has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles intrastate. Persons with epilepsy may not obtain a waiver.

Identification Card

Any person may obtain a personal identification card through the Department of Public Safety for a $15.00 fee.

Reporting

There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency.

Driver's License

Driver's License To be considered for a non-commercial operator's license, an individual should be seizure-free on or off medications without side effects for at least 3 months. Driving restrictions may also be imposed (i.e. limitations on speed, area and time of day), if recommended by their health care professional. A non-commercial operator's license may be issued after an appropriate seizure-free interval which is confirmed by a medical report under the following circumstances: (1) when one has had a single seizure or cluster of seizures (in the process of evaluation, or other special circumstances); (2) based on the advice of a health care professional; (3) one has had only nocturnal seizures over a period of 3 or more years; (4) one has had seizures so limited as not to interfere with control, if stable for 1-year period; (5) one has had breakthrough seizures due to a physician directed change or reduction in medication; or (6) one has had a seizure induced by a clearly identifiable cause that is not likely to recur.

In evaluating applicants for licensing, the Utah State Driver Licensing Division relies on the guidelines outlined in the State of Utah Functional Ability In Driving: Guidelines and Standards for Health Care Professionals (November 2006 ed.). The guidelines categorize epilepsy and episodic conditions into 8 levels according to the seriousness of the impairment and the corresponding license restrictions. Individuals must refrain from driving if there is uncertainty due to a physical, mental or emotional impairment which may affect driving safety [UTAH ADMIN. CODE R708-7-5(1)(A)]. This is meant to include side effects of medication or associated problems that may affect driving safety. Individuals who apply for or hold a license and have, develop, or suspect that they have developed a physical, mental, or emotional impairment, or associated side effects, which may affect driving safety, are responsible for reporting this to the Department of Public Safety, Driver License Division. [UTAH ADMIN. CODE R. 708-7-5(1)(C)].

In addition, "Any physician or other person who becomes aware of a physical, mental or emotional impairment which appears to present an imminent threat to driving safety and reports this information to the Department of Public Safety, through its agents, in good faith shall have immunity from any damages claimed as a result of so doing." [UTAH CODE ANNOTATED 53-3-303(14)(C)].

An individual who falsifies information about a medical condition on his or her application may have the license suspended for misrepresentation. An individual whose license has been denied for medical reasons is distinguished from those whose license has been suspended or revoked for driving violations. Appeals may be made through the Medical Program Coordinator and then to the Medical Advisory Board for recommendations. A person whose license has been denied, suspended or revoked may request a review of the department's action by the panel. The request must be in writing and submitted within 10 days of receiving notice of the action. [UTAH ADMIN. CODE R708-7-7(2) and Utah Code Annotated 53-3-303(10)(a)]. Judicial review is available [Utah Code Annotated 53-3-303(11)(a)].

Commercial Driving

Utah has adopted the medical standards of the federal Department of Transportation for granting commercial driver licenses. However, an intrastate commercial license may be issued to drive commercial vehicles to an individual who has been seizure-free for six (6) months [State of Utah Functional Ability In Driving: Guidelines and Standards for Health Care Professionals (November 2006 ed.)].

Identification Card

Utah residents may obtain an identification card at a Department of Public Safety examining station by presenting a birth certificate and social security card. An identification card for a person with a disability is $13.00. If an individual becomes unable to drive and voluntarily surrenders his or her driver?s license, an identification card may be obtained at no charge.

Reporting

There is no provision requiring health care professionals to report their patients [UTAH ADMIN. R. 708-7-6]. However, "Any physician or other person who becomes aware of a physical, mental or emotional impairment which appears to present an imminent threat to driving safety and reports this information to the Department of Public Safety, through its agents, in good faith shall have immunity from any damages claimed as a result of so doing [Utah Code Ann. §53-3-303(14)(c)].

Driver's License

Licensing regulations state that a person who experiences an alteration or alterations of consciousness or conscious control may be considered eligible for a license after submitting an initial medical evaluation report to the Commissioner. The medical report shall include recommendations regarding the necessity to furnish medical progress reports, the frequency of such reports and the length of time such progress reports should be required. The Commissioner may also consider other pertinent information in determining fitness to operate, obtain, or hold a license. [VT. STAT. ANN. tit. 23, §15(a)(b)(e)]. Restricted licenses may be available on a case by case basis.

A doctor who provides such information is not explicitly immune from liability for damages arising out of an accident caused by a seizure. Doctors may only provide information to the DMV with the permission of the patient. A license may be suspended if the licensee does not submit required medical reports, or provides an unfavorable medical report. A hearing before the Division of Hearings is available if the person requests it within 10 days of the date of the notice of suspension. An adverse decision resulting from the pre-suspension hearing may be appealed to the Superior Court.

Commercial Driving

Vermont has adopted the federal Department of Transportation medical standards for licensing intrastate truck drivers. No waivers are available at this time. An individual may be licensed to drive a taxi or other vehicles, which carry fewer than 7 passengers, if the individual meets the requirements for obtaining a personal license.

Identification Card

Any resident may apply to the Commissioner of Motor Vehicles for an identification card. There is a $10.00 fee for the card, which must be renewed every 4 years. The Commissioner of Motor Vehicles shall cancel the card whenever the card is fraudulently altered or misused [VT. STAT. ANN. tit. 23, § 115(a)(b)(f)].

Reporting

There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency.

Driver's License

Virginia's Department of Motor Vehicles will not issue a license to a person with a physical or mental disability, which, in the opinion of the Department, will prevent him or her from exercising reasonable and ordinary control over a motor vehicle [VA. CODE ANN. § 46.2-315]. Medical information submitted to the DMV is evaluated by Medical Control personnel. The Medical Advisory Board of the Department of Motor Vehicles medical policy for DMV regarding seizures or blackouts states that an individual must be seizure-free or black-out-free for at least 6 months to regain proper medical control before driving. An individual with a history of blackouts must submit a medical report completed by the individual and his or her physician prior to being issued a driver's license. The information is then reviewed to determine if the individual may be licensed to drive a motor vehicle. While the Department's current seizure-free policy requires individuals to be seizure-free for 6 months, each case is reviewed individually.

The Staff Physician may take the following circumstances into consideration regarding possible exceptions to the 6-month seizure-free period: (1) a seizure which occurred as the result of a physician-directed medication change; (2) a seizure which occurred as a result of an acute illness; (3) seizures which are only nocturnal; and (4) seizures which are accompanied by a consistent and long aura. A person who is on medication may be issued a license and required to submit periodic medical reports. Other restrictions may be imposed, as appropriate. Persons who have had their licenses denied or suspended for medical reasons may have their case reviewed by the Medical Advisory Board. In not satisfied with the decision, an individual may appeal the decision to a circuit court. The appeal must be filed within 30 days of the date of the decision [VA. CODE ANN. § [§ 46.1-437]. This decision may be appealed to the Supreme Court of Appeals of Virginia.

Commercial Driving

Virginia has adopted the federal Department of Transportation's medical standard for granting commercial drivers licenses. Waivers are not available for individuals with epilepsy.

Identification Card

Any resident of Virginia who does not have a valid driver's license may apply to the DMV for a photo identification card. The individual must present two proofs of identity such as a birth certificate and other official document that has the individual's name and date of birth. The card is valid for five years and there is a nominal fee.

Reporting

There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency. A physician who provides medical information about a patient does not have statutory immunity from liability for damages arising out of an accident caused by a seizure [VA. MOTOR VEHICLE CODE § 46.2-322].

Driver's License

To be eligible for licensing, an individual must be seizure-free or free from loss of consciousness for 6 months. However, if the person's physician wishes to waive the six-month period, the application must be documented and submitted to the department, and the information will then be taken under advisement. The department may request that an applicant submit to an examination.

A person whose driving privilege is canceled for medical reasons may appeal that action to the Department of Licensing at any time. Written notice of the appeal must be given. If the person is dissatisfied with the decision resulting from a hearing before a departmental hearing officer, the individual has 30 days within which to appeal to the Superior Court [§§ 46.20.329, 46.20.325]. The Department of Licensing offers an Administrative Interview or Formal Hearing within 7 days of the date the written request is received. Physicians are not granted statutory immunity from liability for the information they provide the DMV or from liability for damages arising out of an accident caused by a seizure.

Commercial Driving

Washington has adopted the federal DOT's medical standards for intrastate commercial driver's licensing, however an individual with epilepsy may petition for a waiver. Waivers may be granted to individuals who show they have been seizure-free for 6 months and are under adequate medical treatment and supervision. They must submit annual medical reports.

Identification Card

One may obtain an identification card at any Driver Licensing office. The individual must provide positive identification.

Reporting

Physicians are not required to report patients who have been treated for or diagnosed as having epilepsy to a central state agency. However, doctors may voluntarily report patients. The highest court in the state of Washington has held that doctors are immune from liability for making such reports. See Tumelson v. Todhunter et al., 105 Wn.2d 596 (Wash. 1986).

Driver's License

In order to be eligible for a driver's license, a person must be seizure-free for a 1-year period. A driver who wishes to be reinstated prior to the 1-year period may ask for a review by the Medical Advisory Board. The information submitted is reviewed initially by the Director of Driver Improvement Division. Difficult cases are referred to the Medical Advisory Board. A person may be issued a license which restricts his or her driving based on time, day or distance, depending on the individual case. A person whose license has been denied or suspended may appeal the decision by requesting an administrative hearing within 10 days of the denial or suspension [W.VA. CODE § 17B-3-6]. The person has a right to judicial review of the administrative order. The individual must file a petition for review within 30 days after receiving notice of the order [W. VA. CODE § 29A-5-4(B)].

Commercial Driving

The standards for obtaining a license to drive a truck or passenger carrying vehicles intrastate are based on the Federal Department of Transportation standards for commercial vehicles driven interstate. However, the driver may be eligible for a waiver from those restrictions if seizure-free for three years.

Identification Card

A person who does not hold a current license may obtain an identification card through the Department of Motor Vehicles. The fee scale ranges from $7.00 to $17.50 (per fee chart on application form) [W. VA. CODE §17B-2-8(B)].

Reporting

There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency.

Driver's License

A person with epilepsy may obtain a driver's license if the individual has been seizure-free for 3 months prior to the application date. There are no exceptions to this 3-month seizure-free period [TRANS. 112.10(3)(c)]. The Department may request a doctor's report describing the applicant's condition [WISC. ADMIN. CODE TRANS. 112.10]. The Department may require follow-up examinations and reports by a physician as a condition for issuing a license [TRANS. 112.10(2), WIS. STAT. ANN. § 343.16(5)]. The medical information submitted is reviewed by the Bureau of Driver's Licensing Medical Review Unit.

A person may request an appearance before a review board if his or her license is denied or canceled. The review board may assess the person's medical history and the type or class of license requested when reviewing the Department's licensing decision. The request for review must be made in writing within 10 days [WIS. STAT. ANN. § 343.15(5)(B)]. There is a right to judicial review of the Department's actions regarding cancellation or denial of a license [WIS. STAT. ANN. § 343.40]. A cancellation is entered on a driver record for an unspecified period of time. A person may voluntarily surrender his or her license because of an episode such as a recent seizure, as long as the individual does so within 2 weeks of the seizure or within 10 days after the department sent a request for him or her to submit to a special examination. [WIS. STAT. ANN. §343.265] A voluntary temporary surrender status is entered on the driver record until qualifications for reissuance are met. The fee for a duplicate license $4.00 or $10.00 for a renewal, if the license expired during surrender. All reports, records or information furnished by or on behalf of an applicant or licensee are confidential and for use solely in administering this section and are not admissible as evidence for any other purpose in any civil or criminal action [WIS. STAT. ANN. § 343.16(5)(C)].

Commercial Driving

Wisconsin has not adopted the federal DOT's medical standards for licensing commercial drivers' licenses (CDL). In order to receive a CDL, an individual must show either that he or she has had only a single, nonrecurring episode of altered consciousness or loss of bodily control occurring at least 2 years preceding the application, and that the cause of the episode has been identified and requires no treatment, or that a seizure disorder has been diagnosed, but the person has been episode-free for at least 5 years preceding the application for a license. These same requirements apply to drivers of school buses or other passenger carrying vehicles. [WISC. ADMIN. CODE TRANS.112.10(3)(b)].

Identification Card

A non-driver of any age may obtain an identification card from the Department of Transportation by filing an application and paying a $28.00 fee [WIS. STAT. ANN. § 343.50].

Reporting

There is no law requiring physicians to report to a central state agency patients who have been treated for or diagnosed as having epilepsy. However, a physician who feels his or her patient's physical or mental condition affects the patient's ability to operate a motor vehicle in a safe manner may report the patient's name and other information relevant to the condition to the Department of Transportation without the informed consent of the patient. [WIS. STAT. ANN. § 146.82(3)]. Physicians are immune from liability for, in good faith, either reporting patients whom they believe to be impaired in their ability to drive by their medical conditions, or not reporting patients whom they believe not to be so impaired. [Wis. Stat. Ann. § 146.82(3) and § 448.03(5)(b)].

Driver's License

Wyoming?s Department of Transportation rules and regulations provide that a person shall be denied a license or have an existing license canceled if the Department receives a written medical statement from a qualified medical professional that the person is afflicted with a disorder resulting in a loss, interruption, or lapse of consciousness and/or motor function. (Wyoming Department of Transportation Rules and Regulations, Chapter 1, Section 16 (E) (iv)).

The Department will reconsider the denial or cancellation only after receiving qualified notification that there has been no loss of consciousness or motor function for 1 year; or that the disorder either no longer exists or the affliction has been medically controlled for a minimum period of 3 months. Chp.1 § 16 (E) (iv) (A-C).

Persons who produce sufficient medical evidence to show that their disorder occurs only nocturnally may be licensed for daytime driving only [Rules and Regulations of Wyoming State Tax Commission, Chapter II, Section 8].The division may issue a license with restrictions appropriate to assure safe driving [WYO. STAT. ANN. § 31-7-117(a)].

A person whose license is disqualified, suspended, revoked, canceled or denied has the right to a hearing or record review [WYO. STAT. ANN. § 31-7-301 to 313 (2008)]. The requests must be made in writing within 20 days of the date the Department has given notice of the intent to suspend, revoke, cancel or disqualify.

Commercial Driving

Wyoming has adopted the federal Department of Transportation's medical criteria for issuing commercial drivers licenses with some exceptions. If a person provides enough medical information to establish that he or she is controlled, and submits a doctor's recommendation, a person with epilepsy may be licensed to drive commercial vehicles within the state. The same evidence is necessary to receive a license to drive a passenger carrying vehicle.

Identification Card

Reporting