Current through Register Vol. 48, No. 38, September 20, 2024
a) The Department shall require a driver to
submit a medical report from a competent medical specialist when:
1) The driver answers in the affirmative to
any question on the driver's license application regarding physical or mental
health pursuant to IVC Section 6-109.
2) The Department receives written comments
and/or recommendations based upon firsthand knowledge or pursuant to an
official investigation that brings into question a driver's physical or mental
ability to safely operate a motor vehicle. The comments and/or recommendations
are confidential and must be submitted on official letterhead or a form
designed by the Department and signed by an authorized source.
3) The Department receives an Adjudication of
Disability court order in which where the court appointed a guardian to manage
the financial affairs or the estate of the person.
4) The driver is renewing a driver's license
that, at the time of issuance, required the driver to submit a medical report,
except as provided in subsection (l).
5) The Department receives a mandatory law
enforcement report or message, based on first-hand knowledge or pursuant to an
official investigation, that brings into question a driver's physical or mental
ability to safely operate a motor vehicle.
6) A driver, cited under Section
1030.15, is
involved in a motor vehicle crash during a road exam.
b) The Department shall cancel or medically
deny driving privileges upon receipt of an Adjudication of Disability order in
which the court appointed a guardian to make responsible decisions concerning
the care of the person or of both the person and his/her financial affairs or
estate, or the Department receives an order finding the driver unfit to stand
trial.
1) The notice of cancellation shall be
mailed to the court-appointed guardian and the driver.
2) The cancellation order shall remain in
effect until the court issues an order terminating the adjudication of
disability or the driver is found fit to stand trial.
3) After receipt of an order of restoration,
the Department shall request a favorable medical report. Upon receipt of a
favorable medical report, the cancellation order shall be terminated and the
person may reapply for driving privileges as outlined in IVC Section
6-106.
c) The Department
shall cancel or medically deny a driver pursuant to IVC Sections 6-103(8) and
6-201(a)(5), if one or more of the authorized sources submits a mandatory law
enforcement report or a signed, written notification on official letterhead to
the Department that, based upon firsthand knowledge or pursuant to an official
investigation, the person was the driver of a motor vehicle involved in any
type of accident or incident resulting from a seizure, an attack of
unconsciousness or a blackout.
1) Following a
cancellation or denial of driving privileges, the driver must submit a medical
report to be forwarded to the Board and abide by all subsequent requests by
either the Department or the Board, if any, for further information and/or
clarification prior to being eligible to reapply.
2) Any medical reports and/or other
information concurrently or subsequently received by the Department shall be
referred along with the entire case to the Board for determination as to the
driver's ability to safely operate a motor vehicle as outlined in subsection
(j).
d) The Department
is authorized to cancel, pursuant to IVC Section 6-201(a)(8), any driver's
license or permit upon determining that a driver failed to report to the
Secretary of State, within 10 days after the driver became aware of the
condition, as required by IVC Section 6-116.5, the existence of a medical
condition that is likely to cause loss of consciousness (i.e., inability of the
driver to sustain consciousness throughout the entire interval in which he/she
intends to drive) or loss of ability to safely operate a motor vehicle. If a
driver's license is canceled and a favorable medical report is subsequently
received, the cancellation shall be rescinded.
e) When a driver is required to submit a
medical report or clarification on a questionable report pursuant to
subsections (a)(2), (3) and (5), the Department shall furnish the appropriate
form to the driver to be completed by a competent medical specialist. The
driver must resubmit the completed medical report or requested information to
the Department within 20 days.
1) If a medical
report is not received by the Department within 20 days, the driver's license
shall be canceled or the driver medically denied driving privileges.
2) If a driver's license is canceled and a
preliminary favorable report or favorable medical report is subsequently
received, the cancellation shall be rescinded, provided an unfavorable medical
report is not received.
f) If a driver fails to submit a medical
report pursuant to subsection (a)(4), the Department shall cancel or medically
deny driving privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5). If
the Department subsequently receives a preliminary favorable report or
favorable report, the cancellation shall be rescinded, provided an unfavorable
medical report is not received.
g)
Except as provided in subsection (k), if, pursuant to subsection (a), the
Department receives a favorable medical report, the Department shall authorize
the issuance or renewal of driving privileges, unless the driver is otherwise
ineligible.
h) If, pursuant to
subsection (a), the Department receives an unfavorable medical report, the
Department shall cancel or medically deny the driving privileges pursuant to
IVC Sections 6-103(8) and 6-201(a)(5).
i) Except as provided in subsection (k), if,
pursuant to subsection (a), the Department receives a preliminary favorable
report, the Department shall authorize the issuance or renewal of driving
privileges, unless the driver is otherwise ineligible. The Department shall
then make a further determination as to the type of information and/or
clarification that is needed in order to finish processing the report.
1) If the report is incomplete or not
current, a request shall be made to the driver to obtain the necessary
information required to process the report.
A) If the Department requests additional
information from the driver, and the Department does not receive this
information within 45 days after the written request, the Department shall
cancel or medically deny the renewal of the driving privileges pursuant to IVC
Sections 6-103 and 6-201.
B) If a
cancellation order is entered based upon an incomplete medical report or one
that is not current, and information is received to make the medical report
favorable or preliminarily favorable, a rescind order shall be entered,
provided an unfavorable medical report is not received.
2) If the report is questionable, the
Department may forward the medical report to the Board for determination as to
the driver's ability to safely operate a motor vehicle as outlined in
subsection (j).
j) If
the Department receives a report from a competent medical specialist indicating
the driver failed to abide by any of the terms of the medical agreement, the
Department shall:
1) cancel or medically deny
the driving privileges if the medical report does not contain a professional
opinion that the driver can safely operate a motor vehicle, and may, pursuant
to subsection (k), forward the entire case to the Board for determination as to
the driver's ability to safely operate a motor vehicle; and
2) forward the entire case to the Board for
determination as to the driver's ability to operate a motor vehicle, if the
medical report or medical statement contains a professional opinion that the
driver can safely operate a motor vehicle; and
3) cancel or medically deny driving
privileges if the medical report or medical statement contains a professional
opinion that the driver cannot safely operate a motor vehicle; the entire file
shall be considered an unfavorable medical report as outlined in subsection
(g).
k) The Department
shall forward a driver's case to the Board when:
1) the driver was medically denied or
canceled based upon the Board's last recommendation;
2) the Board has requested to review
intermittent reports;
3) a
different competent medical specialist submits a favorable medical report
contradictory to an unfavorable medical report on file that was used as the
basis to deny or cancel driving privileges;
4) the Department receives a request from a
driver who wishes to have all medical reports on file with the Department
reviewed by the Board;
5) the
Department receives a request from a driver who wishes to appeal a Type B, C,
D, E, F, G, J01 or any other medical restriction that has been added to a
driver's license or permit pursuant to Section
1030.92;
or
6) the driver, after a cite, was
involved in a motor vehicle crash during a road exam.
l) When a case is referred by the Department
to the Board for review, the case shall be initially reviewed in the following
manner:
1) The Department shall assign the
case to an individual Board member based upon the member's specialty or field
of expertise. The Department shall serve as a correspondent for the collection
and distribution of all medical reports and/or other information between the
driver and the Board.
2) Upon
receipt of the case from the Department, the individual Board member shall
review the entire file and prepare an informal determination regarding the
driver's medical ability to safely operate a motor vehicle for submission to
the Chairperson.
A) The Board member shall
consider the driver's past driving record as evidenced by the driving abstract,
medical reports, and any other medical or other information deemed to have
probative value by the Board member regarding the driver's medical
case.
B) The Board member shall
consider any medications and/or rehabilitative devices currently being used or
available to the driver.
C) The
Board member shall use the medical criteria listed in Section
1030.18
when reviewing the driver's medical condition.
3) When reviewing a medical case, the Board
member may require the driver to submit to further medical examinations and/or
a driving assessment conducted by a driver rehabilitation specialist and to
agree to make the results of these examinations/assessments available to the
Board member for use in rendering an informal determination.
A) The driver shall be solely responsible for
the selection, scheduling and expenses related to any additional
examinations/assessments that may be required.
B) While the Board member may designate the
type of physician, medical specialist or driver rehabilitation specialist from
whom the driver needs further examination/assessment, the Board member shall
not recommend a particular physician, medical specialist or driver
rehabilitation specialist.
C) The
driver shall have up to 45 days from the date of the Department's written
request to submit additional reports.
D) The driver's license of any driver who
refuses to submit to additional examinations as requested, or refuses to make
these reports available to the Board member, shall be canceled or medically
denied until the driver complies with the Board member's request and the Board
member is able to render an informal determination to the Chairperson pursuant
to IVC Sections 6-103 and 6-201.
4) The informal determination shall include
the medical condition of the driver and the limitations associated with the
condition that could reasonably impair a driver's ability to safely operate a
motor vehicle; the scope of driving privilege, if any; and the reasons for the
Board member's decision.
5) All
stages of the informal determination process shall be made as soon as possible,
given the individual Board member's and Chairperson's caseload and the
complexity of the case.
6) The name
of the Board member rendering the informal determination shall not be
disclosed.
m) Upon
receipt of the informal determination from the Board member, the Chairperson
shall make a formal determination to the Department regarding the driver's
medical fitness to safely operate a motor vehicle and the scope of licensure,
if any, including the use of mechanical devices and/or other conditions for
driving.
1) The formal determination by the
Chairperson shall include the existence of the medical condition and/or
limitation that may impair the driver's ability to safely operate a motor
vehicle.
2) The formal
determination shall also be based upon the Findings of Fact and opinion of the
individual Board member, including, but not limited to, medical evaluations,
reports submitted by medical specialists, including driver rehabilitation
specialists, medications taken by the driver, the driving record, and other
scientifically recognized information commonly accepted in the medical
profession.
3) The formal
determination shall also indicate the scope of driving privileges that would
enable the driver to safely operate a motor vehicle, including the extent to
which compensatory aids and devices must be used and may require the person to
complete any rehabilitation or training recommended by the rehabilitation
specialist.
4) In the event driving
privileges are restricted or denied, the formal determination shall also state
the reasoning for the restriction or denial in accordance with the medical
criteria stated in Section 1030.18.
5) The Chairperson shall have the authority
to confer with the Board member who rendered the determination, in the event
the Chairperson needs to confirm or clarify any portion of the Board member's
informal determination.
n) Upon receipt of the formal determination,
the Department shall take the appropriate action, in accordance with the
recommendation of the Chairperson, on behalf of the Board.
1) If the Department receives a
recommendation from the Board that in its professional opinion the driver is
not medically fit to safely operate a motor vehicle, the Department shall enter
an order canceling or medically denying driving privileges pursuant to IVC
Sections 6-103 and 6-201.
2) If the
Department receives a recommendation from the Board that in its professional
opinion the driver is medically fit to safely operate a motor vehicle, the
Department shall rescind or terminate any medically related cancellation or
cancellation entered pursuant to Section
1030.15(e).
o) If a driver wants to contest a
restriction, cancellation or denial of driving privileges, the Department must
receive a written request from the driver for a panel review of the medical
case within 30 days after the action taken by the Department. Panel review of
the driver's medical case shall be made by a panel of three Board members
selected by the Chairperson based upon the Board member's specialty or field of
expertise. The Board member who rendered the formal determination shall
participate in the panel review process. The following procedure shall apply to
the medical case under panel review:
1) The
Department shall notify the driver immediately and confirm the driver's request
for panel review within seven working days after receipt of the written
request.
2) The driver has 45 days
from the date of the notice to submit all additional medical reports to the
Department for consideration by the panel.
3) The driver may furnish additional medical
reports and/or statements for review by the panel. The document must be
returned to the Department at the address indicated on the confirmation
notice.
4) The Department, at the
direction of the Chairperson, shall prepare and forward the medical case to the
panel upon receipt of the documents from the driver, or a written statement
from the driver indicating the decision not to submit additional reports and to
proceed with the review, or at the expiration of 45 days, whichever occurs
first.
5) Each panel member shall
consider the contents of the file that was used to make the formal
determination, including additional medical reports submitted by the driver and
any new entries listed on the driver's driving record. The panel shall use the
same medical criteria and procedure that apply when reviewing an individual
case, including the authority to request additional medical examinations as
found in subsection (l)(3). The panel shall only consider evidence in written
form. No oral testimony shall be allowed during this type of review.
6) The formal determination under panel
review shall be made as soon as reasonably possible given the Board members'
and Chairperson's caseload, and the complexity of the case. Panel review cases
shall be given priority.
7) Upon
completion of the panel review, the informal determination of each panel review
member shall be forwarded to the Chairperson. The informal determination shall
contain the same elements as outlined in subsection (l)(4).
8) Any restriction of driving privileges,
cancellation or medical denial shall remain in effect until the Department
notifies the driver in writing.
p) Upon receipt of each of the panel members'
determinations, the Chairperson shall make a formal recommendation to the
Department regarding the driver's ability to safely operate a motor vehicle and
the scope of any licensure, including the use of mechanical devices and/or
other conditions for driving.
1) The
recommendation of the Chairperson shall be based upon the majority ruling of
the members' informal determinations.
2) The Chairperson shall have the authority
to confer with the members of the panel to confirm, clarify and formulate the
recommendation to the Department.
3) The Chairperson's recommendation shall
contain the same elements as outlined in subsections (l)(1) through
(4).
q) The Department
shall follow the recommendation of the Chairperson based upon the determination
rendered by the panel.
1) If the Department
receives a formal recommendation from the Chairperson to uphold the decision of
the individual Board member who first reviewed the case, the action taken by
the Department shall remain in effect.
2) If the Department receives a formal
determination from the Chairperson to amend the original determination of the
Board member who first reviewed the case, the Department shall follow the
determination of the panel, including the recommendation of the granting of
full or limited driving privileges or complete cancellation or denial of
driving privileges.
3) The driver
shall be notified immediately in writing by the Department of the panel's
formal determination regarding his/her driving privileges. The driver shall
also be notified in writing of his/her right to request a medical
hearing.
r) A driver who
wants to contest the cancellation or medical denial of driving privileges for
medical reasons shall be entitled to a hearing in accordance with 92 Ill. Adm.
Code 1001.Subparts A and E, and IVC Section 2-118.
s) Unless a competent medical specialist has
submitted a medical report indicating the physical or mental condition or
disability no longer exists, the Department shall require the driver to submit
a medical report at each driver's license renewal.
1) The Department shall notify the driver at
least 30 days prior to the expiration of his/her driver's license.
2) Notification shall be in writing and
mailed to the driver's last known address as indicated on the Department's
driving record. The notice shall state that the driver must submit a medical
report when renewing a driver's license.
t) The Department shall require a driver to
appear at a Driver Services Facility to receive a corrected driver's license if
a competent medical specialist or the Board recommends a driver's license
restriction pursuant to Section 1030.92.
1)
The Department shall immediately provide written notification to the driver at
the last known address indicated on the Department's driving record. The notice
shall state that failure to comply within 20 days after the request will result
in the cancellation of the person's driver's license pursuant to IVC Section
6-201.5.
2) The Department shall
mail a medical restriction card to the driver describing the restrictions on
the driver's license.
3) The driver
must abide by the restrictions contained on the card.
4) The driver, upon receipt of the medical
restriction card from the Department, shall carry the medical card with his/her
driver's license when operating a motor vehicle.
5) If a driver's license is canceled for
failing to comply with a written request from the Department, and the driver
subsequently complies with all requests of the Department, the cancellation
shall be rescinded or terminated.
u) The Department shall require periodic
medical reports between renewals, if recommended by a competent medical
specialist or the Board.
v) The
Chairperson is authorized to appoint a designee to complete any of the duties
required to be performed by the Chairperson as prescribed by this
Section.
