Current through Vol. 42, No. 1, September 16, 2024
(a)
Definitions. The following words and terms, when used in this
Section, shall have the following meaning, unless the context clearly indicates
otherwise.
(1)
"Altered
consciousness" means the sudden or unexpected lapse, loss, or alteration
of awareness, contact with the environment, or consciousness.
(2)
"Epilepsy" means a
neurological disorder characterized by episodes of sudden altered consciousness
and/or temporary loss of body motor control.
(3)
"Episode" means any incident
or segment of time (such as an attack, fit, blackout, convulsion, or seizure)
involving altered consciousness and/or loss of body control.
(4)
"Medical reporting" means,
when medical reports are incomplete or contain insufficient information,
referral of a person for an evaluation to be submitted to Service Oklahoma by a
licensed physician specializing in the appropriate medical field.
(5)
"Neurological disorder"
means a malfunction or disease of the nervous system.
(b)
Epilepsy.
(1)
Standard for Class D driver
license.(A)
Conditions. A
person shall be issued or allowed to maintain a driver license if currently
episode-free for a period of six (6) months and a favorable recommendation for
driving from the treating physician is received by Service Oklahoma.
(B)
Exceptions. If an episode(s)
occurs:
(i) The person's driving privilege
shall not be canceled or denied if:
(I) the
episode(s) was due to a deliberate change in anti-convulsant medication ordered
by the person's physician,
(II) the
medical examination indicates episode control has again been established with
reasonable certainty, and
(III) the
treating physician gives a favorable recommendation for driving; or
(ii) The person's driving
privilege shall not be canceled or denied if:
(I) the person's physician indicates the
episode(s) was an isolated occurrence,
(II) the medical examination indicates
another episode is unlikely to occur with reasonable medical certainty,
and
(III) the treating physician
gives a favorable recommendation for driving.
(iii) The person's driving privilege shall
not be canceled or denied if the episode(s) is the result of a seizure disorder
which is diagnosed as strictly nocturnal in nature or occurring only while
asleep, unless the treating physician recommends otherwise.
(C)
Restrictions.
Service Oklahoma may restrict a person's driving privilege based upon the
recommendation of the physician performing the medical examination or upon the
recommendation of the Medical Advisory Committee, if the minimum standards are
met.
(2)
Standard
for Class A, B, or C intrastate commercial driver license.
(A)
Conditions. A person shall
not be issued or allowed to maintain a Class A, B, or C 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.
(B)
Restrictions. Service Oklahoma will restrict a person's Class A,
B, or C commercial driving privilege to preclude the operation of a school bus
or commercial vehicle transporting passengers or dangerous or hazardous
materials. Service Oklahoma shall place driving restriction code number eight
(8) so stating on the person's Class A, B, or C intrastate commercial driver
license.
(3)
Reporting requirements. Future periodic medical reporting shall be
required. In addition, should another episode occur, the person's driver
license shall be voluntarily surrendered to Service Oklahoma until such time as
the person is again determined by Service Oklahoma to be medically qualified to
drive.
(4)
Discontinuation of
Medications. Periodic medical reporting may be discontinued and the
person may be considered for a Class A, B, or C intrastate commercial driver
license without driving restriction code number eight (8), if the licensee
submits proof from the licensee's treating physician that he or she has been:
(A) free from lapses of consciousness,
seizures, or epileptic episodes for two (2) years, and
(B) off all anti-convulsant medication for
two (2) years.
(c)
Multiple sclerosis. A person
with multiple sclerosis shall not be licensed unless a medical report is
submitted to Service Oklahoma by the person's physician stating the person's
limitations of visual fields, motor functions of the extremities, and
coordination are not affected to a degree which renders the person unable to
operate a motor vehicle safely. In addition, the person shall not be licensed
for a Class A, B, or C intrastate commercial driver license unless individually
approved by the Medical Advisory Committee or its designated representative,
depending upon the severity of the condition. Future periodic medical reports
shall be required since the disease may be progressive.
(d)
Parkinson's disease. A
person with Parkinson's disease shall not be licensed unless a medical report
is submitted to Service Oklahoma by the person's physician verifying ability to
operate a motor vehicle safely. In addition, the person shall not be licensed
for a Class A, B, or C intrastate commercial driver license unless individually
approved by the Medical Advisory Committee or its designated representative,
depending upon the severity of the condition. Future periodic medical reports
may be required since the disease may be progressive.
(e)
Cerebral palsy. A person
with rigid or severe athetoid condition shall not be licensed. A person with
mild spastic paraplegia and mild athetosis may be licensed provided other
simultaneous difficulties, such as organic brain damage or uncontrolled
convulsive disorders, are not present.
(f)
Progressive neuromuscular
disorders. A person with progressive neuromuscular disorders, including,
but not limited to, Amyotrophic Lateral Sclerosis, Friedreich's Ataxia, and
muscular dystrophy, shall not be licensed until a medical report is submitted
to Service Oklahoma by the person's physician and individually approved by the
Medical Advisory Committee or its designated representative, depending upon the
severity of the condition. Future periodic medical reporting and/or driving
skills reexaminations, as deemed necessary by Service Oklahoma, in conjunction
with the Department, may be required since the disease may be
progressive.