Current through 2024-38, September 18, 2024
1.
Medical
conditions requiring report. Conditions which may result in functional
limitations and increase risk of unsafe operation of a motor vehicle should be
reported. Conditions for which a person is required to submit a report to the
Secretary of State include, but are not limited to, alterations/loss of
consciousness, brain injury, cardiovascular, chronic respiratory diseases,
CVA/stroke, hypoglycemia, musculoskeletal, neurological (including dementia,
epilepsy/seizures, narcolepsy, Parkinson's, sleep apnea), substance use, mental
health conditions, and visual disorders.
2.
Sources of information.
Sources of information concerning medical conditions include, but are not
limited to:
A. Permit, license, or renewal
applications, and accident reports;
B. Written reports from family, physicians,
law enforcement personnel and other government agencies; and
C. Signed statements from citizens.
3.
Nature of medical
report. Upon receipt of information concerning the existence of a
medical condition for which a report is required, or which may affect a
person's ability to operate a motor vehicle, the Secretary of State or their
designee shall request the person involved to submit a medical report from a
physician or from other qualified treatment personnel who may be specified.
Other treatment personnel may include licensed or certified professionals as
follows: Licensed physicians (MD, DO, or ND from a CNME accredited program),
nurse practitioners (NP), physician's assistants (PA), optometrists (OD),
chiropractors (only for musculoskeletal issues), licensed clinical social
workers (LCSW) trained in substance abuse or mental health, speech, physical or
occupational therapists (ST, PT or OT); psychologists, and any other medical
personnel as deemed appropriate by the Secretary of State or their designee.
Medical professionals should not make assessments outside their area of
expertise or knowledge.
A. To be acceptable,
the medical report must be made on forms supplied or approved by the Secretary
of State and must contain the physician's or other treatment personnel's
diagnosis of the patient's condition(s) and any prescribed medication(s). The
date of exam must normally be within the past 12 months, unless otherwise
specified.
B. The Secretary of
State or their designee may specify the clinician qualifications in certain
situations when appropriate.
C. The
Secretary of State or their designee may require an individual to certify in
writing the date of the person's last seizure, or alteration of
consciousness.
4.
Action by the Secretary of State
A. Upon receipt of a medical report
indicating that a person is competent to operate a motor vehicle, the Secretary
of State or their designee may approve the person's competence to operate a
motor vehicle, with or without restrictions, taking into consideration the
safety of the public and the welfare of the driver.
B. Upon receipt of a medical report
indicating that a person is not competent to operate a motor vehicle, or upon
the failure or refusal of a person to submit the requested information, the
Secretary of State or their designee shall follow one or more of the following
procedures:
(1) If, from records or other
sufficient evidence, the Secretary of State has cause to believe that a person
is not physically, emotionally, or mentally competent to operate a motor
vehicle, the Secretary of State may:
(a)
Obtain the advice of any member of the Medical Advisory Board or the Board
collectively. The Board, or any member may formulate advice from the existing
records and reports or may request that an examination and report be made by
the Board or any other qualified person so designated. The licensed driver or
applicant may present a written report from a physician or other qualified
person of the driver's choice, to the Board or the member reviewing the matter
and such report must be given due consideration. Members of the Board and other
persons making examinations and reports are not liable for their opinions and
recommendations pursuant to this subsection.
(b) Require a person to submit to a driving
evaluation. Upon the conclusion of such an evaluation, the Secretary of State
shall take action as may be appropriate. The Secretary of State may suspend the
license of such person, allow person to retain a license, or issue a license
subject to any conditions or restrictions deemed advisable, having in mind the
safety of the public and the person.
(c) After hearing, suspend any operator's
license, operating privileges, or privilege to apply for and obtain a license
in the State of Maine.
(d) Without
preliminary hearing, suspend any operator's license, operating privilege, or
privilege to apply for and obtain a license in the State of Maine if the
Secretary of State determines that the person's continued operation of a motor
vehicle presents a potential danger to the person or other persons or property.
The Secretary of State shall notify the person that a hearing will be provided
without undue delay.
5.
Confidentiality of reports.
Reports received under this rule are confidential in accordance with the Maine
Motor Vehicle Statutes.
