Current through Reg. 50, No. 13; March 28, 2025
Persons applying for or holding a Texas driver license and
having a physical or mental condition, the extent of which cannot be determined
by the department, are referred to the Medical Advisory Board for further
evaluation.
(1) The criteria for
referral for physical conditions are as follows:
(A) Eye disorders:
(i) eye diseases: all applicants under the
care of a physician, excluding the fitting of lenses when no disease is
present;
(ii) telescopic lenses:
all applicants requiring the use of telescopic lenses to pass the vision test
must successfully complete a comprehensive road test before licensure and will
only be referred the first time the applicant presents using telescopic
lenses.
(B)
Cardiovascular diseases:
(i) heart attack:
(I) if applicant for Class A, Class B, or any
CDL license has had a heart attack within the past two years;
(II) if applicant for a non-CDL Class C or
Class M license has had a heart attack during the past
year.
(ii) angina
pectoris, arrhythmia, arterial aneurysms, coronary bypass surgery, dyspnea,
myocardial infarction: all applicants under the care of a physician.
(iii) hypertension:
(I) if applicant for a Class A, Class B, or
any CDL has had any loss of consciousness or any alteration of consciousness
within the past two years;
(II) if
applicant for a non-CDL Class C or Class M has had any loss of consciousness or
any alteration of consciousness within the past year.
(iv) blood vessel disorders: all applicants,
if under the care of a physician and a qualifying road test has confirmed
considerable interference with braking, steering, manipulation of controls or
acceleration.
(v) syncope: all
applicants with any loss of consciousness or any alteration of consciousness
due to cardiovascular problems within the past year.
(C) Metabolic disorders:
(i) diabetes mellitus: all applicants under
the care of a physician or with hyperglycemia or hypoglycemia severe enough to
cause neurological dysfunction (confusion, motor dysfunction or loss of
consciousness) or result in any type or degree of vehicle accident within the
past two years.
(ii) chronic renal
failure: if applicant for any cargo or property transport vehicles included in
Class A, B, or C and uremia must be controlled by regular
dialysis.
(D) Respiratory
conditions: all applicants, if under the care of a physician and a qualifying
road test has confirmed that shortness of breath or audible wheezing
considerably affects safe driving ability.
(E) Neurological disorders:
(i) transient cerebral ischemic attack,
stroke, narcolepsy, excess daytime sleeping or sleep apnea: all applicants
under the care of a physician.
(ii)
cerebral vascular accident (stroke): all applicants with any degree of
persistent neurological deficit (applicant must take and pass a qualifying road
test prior to referral) or if applicant has lost consciousness, "blacked out"
or fainted within the past year.
(iii) convulsive disorders:
(I) if applicant for a cargo transport,
passenger transport or emergency vehicle in Classes A, B or C and has history
of recurrent seizures (those requiring medication therapy or has had any
seizure activity within the past ten years if the applicant is not taking
medication), epileptic or convulsive attacks;
(II) if applicant for a private vehicle in
Class C or M and has had seizures or epileptic or convulsive attacks within the
past year;
(iv) movement
disorders (conditions including but not limited to Parkinsonism, Torticollis,
myoclonus and choreoathetosis): all applicants if disorder is active and
progressive (the applicant must also take and pass a qualifying road test prior
to referral).
(2) The criteria for referral for psychiatric
disorders are as follows:
(A) Mental or
psychiatric condition that affects the ability to safely operate a motor
vehicle.
(B) Alcohol-induced
problems: All applicants, as follows:
(i)
three or more convictions for offenses involving drinking, the last offense
occurring within past two years;
(ii) involvement in two or more accidents
while drinking, the last incident occurring within past two years;
(iii) a reliable report that applicant has
had an active drinking problem within the past two years;
(iv) admits to an active drinking problem
within the past two years;
(v)
under the care of a physician (exception: if there is no documented history of
any episodes of alcohol abuse and applicant voluntarily enrolled in and
successfully completed a recognized rehabilitation program, the applicant will
not be referred).
(C)
Drug-induced problems: All applicants, as follows:
(i) addiction to any drug affecting safe
driving ability;
(ii) a reliable
report that applicant has had an active drug problem in the past two
years;
(iii) admits to an active
drug problem in the past two years;
(iv) under the care of a
physician.
(3)
The criteria for referral for other conditions or disorders are as follows: All
applicants, if under the care of a physician, and a qualifying road test has
confirmed that safe driving ability is considerably affected by the condition.
Examples of conditions that will be evaluated by testing rather than by
referral include but are not limited to: amputation, back pain, cerebral palsy,
congenital birth defects, fibromyalgia, hemiplegia, multiple sclerosis,
osteoporosis, post polio disabilities, scoliosis, spina bifida, spinal cord
injuries, spinal meningitis, Tourette's syndrome and/or traumatic brain
injuries.
(4) Terms defined.
(A) Under the care of a physician--having
been referred to for treatment or having received treatment from a physician
for the medical condition or conditions indicated in the past 12 months without
a release from further treatment. This does not apply to a condition(s)
diagnosed over 12 months ago and treatment consisting of only periodic visits
to a physician for check up and maintenance.
(B) Active drinking problem--use of alcoholic
beverages to the extent of interfering with driving, working, social, or family
responsibilities as confirmed by any one of the following occurring in the past
six months:
(i) an arrest involving
alcohol;
(ii) a reliable family
report of excessive use of alcohol;
(iii) a contact with a social agency because
of the use of alcohol;
(iv)
demonstrated psychological dependence on alcohol.
(C) Active drug problem--use of drugs to the
extent of interfering with driving, working, social, or family responsibilities
as confirmed by any one of the following occurring in the past six months:
(i) an arrest involving drugs;
(ii) a reliable family report of use of
drugs;
(iii) a contact with social
agencies because of use of drugs;
(iv) demonstrated psychological dependence on
drugs.
(5)
Guidelines for referral of alcohol or drug dependency. An applicant whose
presents a written statement from the attending physician, hospital
administrator, or treatment center administrator verifying successful
completion of a voluntary alcohol treatment program (except the DWI Education
Program required under the Code of Criminal Procedure, Article 42.12, §6f)
dated subsequent to the last known report or episode shall not be referred to
the Medical Advisory Board if there is no documented history of any episodes of
alcohol abuse.
