29- 250 C.M.R. ch. 3, § 2

Current through 2024-50, December 11, 2024

Section 250-3-2 - REPORTING SYSTEM

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.

29- 250 C.M.R. ch. 3, § 2