Okla. Admin. Code § 260:135-5-54

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

Section 260:135-5-54 - Neurological disorders

(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.

Okla. Admin. Code § 260:135-5-54

Transferred from 595:10-5-9 by HB 3419 (2022), eff. 5/19/2022

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