Fla. Admin. Code Ann. R. 15A-5.0021 - Medical Review

(1) Upon receipt of a report of an applicant or licensed driver exhibiting a mental or physical deficit, the Department may require an applicant or licensed driver to have his or her physician(s) complete one or more medical report form(s) and provide the Department with any other medical information it deems necessary to assist the Board in evaluating the applicant or licensed driver's mental or physical ability to safely operate a motor vehicle.

(2) A request for review of the applicant or licensed driver's medical reports regarding his or her physical or mental ability to safely operate a motor vehicle will be submitted to the Chairman, or a Board member designated by the Chairman, for review and recommendation. If the Chairman or designated Board member determines that the case should be reviewed by a specialist, the request for review and medical reports will be submitted to a member of the Board in the medical discipline covering the deficit of the applicant or licensed driver for assessment. The Board member will make a recommendation on Medical Advisory Board Recommendation Form, HSMV 72997, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09591, herein incorporated by reference. A copy of the form is available on the Department's website. The Board member will then have the primary responsibility for making a recommendation to the Department on behalf of the Board. Cases involving vision and neurological deficits may be submitted directly to a Board neurologist or eye specialist for review and recommendation.

(3) The Board's recommendation may include the following:

(a) A denial or revocation of the applicant or licensed driver's driving privilege.

(b) An approval of the applicant or licensed driver's fitness to drive with no follow-up medical reports and no examination or reexamination.

(c) An approval contingent on the applicant or licensed driver passing an examination or reexamination as provided in Section 322.221, F.S., which may include an extended driving test as defined in Rule 15A-5.0010, F.A.C. Failing any part of the extended driving test constitutes a failure of the extended driving test.

(d) An approval with a requirement that the applicant or licensed driver submit a follow-up medical report. If the Department orders a follow-up review of an applicant or licensed driver's medical condition, that follow-up will be conducted at a time established by the Board, based upon its review of the medical reports.

(e) An approval contingent on the applicant or licensed driver passing an examination or reexamination as provided in Section 322.221, F.S., which may include an extended driving test as defined in Rule 15A-5.0010, F.A.C., and a requirement that they submit a follow-up medical report. Failing any part of the extended driving test constitutes a failure of the extended driving test. If the Department orders a follow-up review of an applicant or licensed driver's medical condition, that follow-up will be conducted at a time established by the Board, based upon its review of the medical reports.

(f) A request that the applicant or licensed driver provide for further review the results of a Certified Driver Evaluation conducted by a Certified Driver Rehabilitation Specialist.

(g) A request that the applicant or licensed driver provide for further review additional medical information.

(4) All recommendations by the Board to the Department will be based on the request for review and the applicant or licensed driver's medical reports, which may include Certified Driver Evaluations conducted by Certified Driver Rehabilitation Specialists.

(5) In cases involving commercial drivers, the Board will make its recommendation in accordance with Title 49 C.F.R. s. 391.41 (10/01/2017 edition), http://www.flrules.org/Gateway/reference.asp?No=Ref-09602, herein incorporated by reference effective 07/18. In such cases the applicant or licensed driver may be required to complete the Commercial Driver License Form, HSMV 71048, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09587, herein incorporated by reference. Copies of the regulation and form are available on the Department's website.

(6) Based on the Board's recommendation, the Department may deny, revoke, suspend, cancel, approve, or contingently approve the applicant or licensed driver's driving privilege or driver license. The Department's decision on licensure must be rendered within 90 days following the receipt of all requested information from the applicant or licensed driver.

(7) If the Department denies a driving privilege or revokes, suspends, or cancels a driver license, the affected individual may, at any time, provide additional or updated medical information or a Certified Driver Evaluation conducted by a Certified Driver Rehabilitation Specialist for reconsideration by the Board.

Notes

Fla. Admin. Code Ann. R. 15A-5.0021

Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS.

Adopted by Florida Register Volume 44, Number 138, July 17, 2018 effective 7/31/2018.

New 7-31-18.