Current through Register 1531, September 27, 2024
(1)
Cardiovascular Disease
Standards.
(a) Any licensee or
applicant who is medically determined to be an AHA functional Class IV heart
patient is not eligible for a learner's permit or license. Any licensee who is
an AHA functional Class IV heart patient shall voluntarily surrender his or her
driver's license, or the Registry shall suspend or revoke the
license.
(b) Individuals who are
determined to be AHA functional Class I, II, or III are presumed safe to
operate a motor vehicle and will continue to be eligible to receive or hold a
learner's permit or license until the Registry has cause to believe such
individuals are unsafe to operate a motor vehicle. In instances where the
Registry has cause to believe that an AHA functional Class I, II, or III heart
patient is unsafe to operate a motor vehicle, the Registry may restrict,
suspend, or revoke driving privileges. The Registry may, in its discretion,
request the information specified in
540 CMR
24.06(2) in determining
whether an AHA functional Class I, II, or III heart patient is safe to operate
a motor vehicle.
(2)
Change of Cardiovascular Disease Functional Status.
Individuals who were formerly determined to be AHA functional Class IV heart
patients and have since been re-evaluated by a physician and are now classified
as an AHA functional Class I, II, or III heart patient must submit the
following documentation from the physician to the Registry in order to become
eligible for licensing or reinstatement of operating privileges:
(a) status of the individual's heart
condition, including AHA functional class, and accompanying symptomatology;
and
(b) a certification, to a
reasonable degree of medical certainty, that the individual is medically
qualified to operate a motor vehicle safely.
(3)
Implantable Cardiac
Defibrillators.
(a) Any
individual who has an implanted cardiac defibrillator (AICD) as the result of a
sudden death event is not eligible for a learner's permit, license, or renewal
until six months has elapsed after such device has been implanted and
submission of the certification described in
540 CMR
24.06(3)(c). Such
individuals shall voluntarily surrender their license or the Registry shall
suspend or revoke the license.
(b)
If at any time after implantation of an AICD for either a sudden death event or
for prophylactic reasons the AICD has been appropriately triggered, whether
during the initial six month period or at any time thereafter, the individual
shall voluntarily surrender his or her license or the Registry shall suspend or
revoke the license until such time as the individual can provide the
information listed in
540 CMR
24.06(3)(c).
(c) Upon completion of the six month "trigger
free" period, the individual is eligible to apply for reinstatement of his or
her license privileges or for initial licensure, provided he or she can submit
the following information from his or her physician:
1. a description of the individual's current
heart condition, including AHA functional class and accompanying
symptomatology, if any; and
2.
status of the implantable cardiac defibrillator including whether the device
has triggered and if so, the exact date of the last trigger; and
3. a certification from the physician that,
to a reasonable degree of medical certainty, the physician has determined that
the individual is asymptomatic; the device has not been triggered for at least
six months; and the individual is medically qualified to operate a motor
vehicle safely, with specific reasons provided for that
determination.
(4)
Respiratory Disease
Standards- O2
Saturation
Level.
(a) Any licensee or
applicant for a learner's permit or license whose O2
saturation level is greater than 88% at rest or with minimal exertion, with or
without supplemental oxygen, is presumed safe to operate a motor vehicle until
such time as there is cause to believe that the person is unsafe to
operate.
(b) Any licensee or
applicant whose O2 saturation level is 88% or less at
rest or with minimal exertion, even with supplemental oxygen, is not eligible
to receive or hold a learner's permit or license. Licensees whose
O2 saturation rate is 88% or less at rest or with
minimal exertion, even with supplemental oxygen, shall voluntarily surrender
their license or the Registry shall suspend or revoke the license.
(5)
Change of
O2
Saturation
Level. Applicants or licensees whose O2
saturation level was 88% or less at rest or with minimal exertion, even with
supplemental oxygen, and whose saturation level has changed to greater than 88%
at rest or with minimal exertion, with or without supplemental oxygen, may be
eligible to regain or obtain their licensing privileges by providing the
following information from the physician to the Registry:
(a) medical documentation that individual's
O2 saturation level is greater than 88% at rest or with
minimal exertion; and
(b) a
certification that, to a reasonable degree of medical certainty, the individual
is medically qualified to operate a motor vehicle safely.
(6)
Respiratory Disease
Standards- FEV-1 Levels (in Liters). Applicants or licensees whose
FEV-1 level is 1.2 liters or less will be required to submit an
O2 saturation level in order to be eligible to receive
or hold a learner's permit or license. Upon receipt of the
O2 saturation level, the Registry shall use the
O2 saturation level criteria set forth in
540 CMR
24.06(4) and (5) in
determining license eligibility.
(7) The Registrar, or his or her designee,
may require such additional evidence of the medical qualification criteria as
he deems appropriate, or may modify these standards as an individual case may
require.
