Subpart
1.
Scope.
This part applies to drivers and applicants for drivers'
licenses who have diabetes and are treated with insulin.
Subp. 2.
Definitions.
The terms in this part have the meanings given them in this
subpart.
A. "Applying" means the
completion of a department initial application, renewal, or duplicate driver's
license form.
B. "Commissioner"
means the commissioner of the Department of Public Safety, acting directly or
through authorized officers and agents.
C. "Department" means the Department of
Public Safety.
D. "Driving-related
episode" means an episode that occurs while a person is driving, operating, or
in physical control of a motor vehicle.
E. "Episode" means loss of consciousness or
voluntary control due to hypoglycemia or hyperglycemia.
F. "Loss of consciousness or voluntary
control" means the inability to assume and retain an upright posture without
support or the inability to overcome diabetic symptoms without the assistance
of another.
Subp. 3.
Reporting diagnosis of insulin-treated diabetes or episode.
A person shall report a diagnosis of insulin-treated diabetes
or an episode, in writing, to the department as follows:
A. after a diagnosis of insulin-treated
diabetes:
(1) at the time of applying for a
driver's license; and
(2) within 30
days after the diagnosis;
B. for a driving-related episode:
(1) within 30 days after the episode;
and
(2) on a regularly scheduled
physician's statement as required in subpart
3a; and
C. for a non-driving-related episode, on a
regularly scheduled physician's statement as required in subpart
3a.
If a person has reason to know the requirements of items A
and B, and willfully fails to report or willfully makes a material
misrepresentation to the department concerning the person's diabetic condition,
the commissioner shall suspend the person's driver's license for six months.
The six-month suspension period will begin within 30 days from the date the
department discovers the failure to report or misrepresentation.
Subp. 3a.
Physician's statement required.
A physician's statement, on a form prescribed by the
commissioner, is required:
A. after
the person:
(1) is diagnosed as having
insulin-treated diabetes; or
(2)
has a driving-related episode under subpart
3; and
B. every six months until the person has been
episode free for a year; and then
C. annually until the person has been episode
free for four years; and then
D.
every four years; and additionally
E. as recommended by the physician or by the
department.
The six-month, one-year, or four-year period will begin from
the date the most recent physician's statement has been received and approved
by the department. During a period of cancellation or suspension under this
part, the department shall not require a physician's statement until the end of
the cancellation or suspension period.
If a person fails to return a physician's statement to the
department within 30 days from the date of mailing, the commissioner shall
cancel the person's driver's license until the physician's statement is
submitted to the department and accepted.
The physician's statement must indicate, at least, the date
of each of the person's episodes since the previous physician's statement,
whether the person is cooperating in the treatment of the condition, the
person's prognosis for control of the person's diabetic condition, and whether
the person is medically qualified to exercise reasonable and ordinary control
over a motor vehicle on the public roads.
Subp. 4. [Repealed, 17 SR 2284]
Subp. 5. [Repealed, 17 SR 2284]
Subp. 5a.
Cancellation or
denial.
After a review of a person's physician's statement, the
commissioner shall cancel or deny a person's driver's license under the
conditions and for the periods stated as follows:
A. If the commissioner receives a physician's
statement that indicates that the person is not medically qualified to exercise
reasonable and ordinary control over a motor vehicle, the period of
cancellation or denial will be based on the recommendation of the physician and
the department unless the cancellation period in item B or C applies. If the
department and the treating physician do not agree on the cancellation period,
the physician's statement and the person's medical history will be submitted to
the Medical Review Board for its recommendation upon the request of the
individual, the physician, or the department.
B. If a person has a driving-related episode,
the person's driver's license will be canceled for a period of six months from
the date of the episode.
C. If a
person has a driving-related episode that resulted from the use of alcohol or a
controlled substance, the person's driver's license will be canceled for a
period of one year from the date of the episode.
Subp. 5b.
Notice.
The commissioner shall notify a person whose driver's license
has been or is subject to cancellation, suspension, or denial. The notification
must be in writing and be personally served or sent by first-class mail to the
person's last known address shown on department records. The notice must
contain:
A. the reason for the
cancellation, suspension, or denial;
B. the length of withdrawal;
C. a statement that a person has a right to
an administrative review; and
D.
the requirements for reinstatement of the person's driver's license.
The notice is deemed received three days after mailing by the
department to the last known address of the person shown on department
records.
Subp.
6.
Reinstatement or issuance.
The commissioner shall reinstate or issue the driver's
license of a person whose license has been suspended, canceled, or denied
when:
A. the period of suspension, if
any, has expired;
B. the person has
paid the suspension reinstatement fee as required by statute;
C. no withdrawal of the person's driver's
license is outstanding;
D. the
requirements that resulted in suspension, cancellation, or denial have been
completed; and
E. the person
submits a physician's statement, on a form prescribed by the commissioner,
indicating:
(1) the date of each of the
person's episodes since the previous physician's statement;
(2) the person is cooperating in the
treatment of the condition;
(3) a
favorable prognosis for the control of the person's diabetic condition;
and
(4) the person is medically
qualified to exercise reasonable and ordinary control over a motor vehicle on
the public roads.