Okla. Admin. Code § 260:135-5-50

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-5-50 - Metabolic diseases

(a)Diabetes mellitus.

(1) A person who has diabetes, about whom Service Oklahoma has received a report from a law enforcement officer or from a licensed physician indicating the person is incapable of properly controlling a motor vehicle, must submit proof from his or her physician that the disease is under reasonable control without either hypoglycemic or hyperglycemic reactions severe enough to impair driving ability. Future periodic medical reports may be required.

(2) A person having been diagnosed by his or her physician as having insulin-dependent diabetes shall be required to have driving restriction code number six (6), "Food, fruit, or candy within reach of driver," on the person's driver license.

(3) A person who is a controlled insulin-dependent diabetic may obtain a Class A, B, or C intrastate commercial driver license provided the license bears driving restriction code number six (6), "Food, fruit, or candy within reach of driver".

(4) Service Oklahoma may adopt by reference and enforce all or any portion of the federal motor carrier safety regulations set forth under 49 C.F.R. Section 391.41, relating to medical conditions which preclude the safe operation of a commercial motor vehicle.

(5) The provisions in this section may be subject to the limitations imposed by 49 C.F.R. Section 391.64, which grandfathers certain drivers allowing the operation of a school bus or commercial motor vehicle by insulin-controlled diabetic drivers provided that:

(A)The driver is physically examined every year, including an examination by a board-certified/eligible endocrinologist attesting to the fact that the driver is:

(i) Otherwise qualified under Section 391.41;

(ii) Free of insulin reactions (an individual is free of insulin reactions if that individual does not have severe hypoglycemia or hypoglycemia unawareness, and has less than one documented, symptomatic hypoglycemic reaction per month);

(iii) Able to and has demonstrated willingness to properly monitor and manage his/her diabetes; and

(iv) Not likely to suffer any diminution in driving ability due to his/her diabetic condition. [49 C.F.R., § 391.64(a)(1)] .

(B)The driver agrees to and complies with the following conditions:

(i) A source of rapidly absorbable glucose shall be carried at all times while driving;

(ii) Blood glucose levels shall be self-monitored one (1) hour prior to driving and at least once every four (4) hours while driving or on duty prior to driving using a portable glucose monitoring device equipped with a computerized memory;

(iii) Submit blood glucose logs to the endocrinologist or medical examiner at the annual examination or when otherwise directed by Service Oklahoma, as prescribed by the Department of Public Safety;

(iv) Provide a copy of the endocrinologist's report to the medical examiner at the time of the annual medical examination; and

(v) Provide a copy of the annual medical certification to Service Oklahoma and the employer for retention in the driver's qualification file and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State or local enforcement official. [49 C.F.R, § 391.64(b)(2)]

(b)Hypoglycemia. A person with severe or uncontrolled hypoglycemia (diagnosed low blood sugar) shall not be licensed until proof has been submitted from his or her physician that the condition is under control by proper care and diet.

Okla. Admin. Code § 260:135-5-50

Transferred from 595:10-5-5 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023