2013 Kentucky Revised Statutes CHAPTER 186 - LICENSING OF MOTOR VEHICLES, OPERATORS, AND TRAILERS 186.411 Issuance of driver's license to person with a seizure condition -- Conditions -- Notice and hearing -- Option for determination of ability by medical review board.
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186.411 Issuance of driver's license to person with a seizure condition -Conditions -- Notice and hearing -- Option for determination of ability by
medical review board.
(1)
(2)
(3)
(4)
(5)
If a person with a seizure condition applies for an original, duplicate, modified,
or renewal operator's license, or applies for an instruction permit, he shall be
required by the cabinet to present to the Division of Driver Licensing
certification by a physician that his condition is controlled by drugs, details of
the drugs, dosages which the person takes, and that the person has been free
of any seizures for ninety (90) days; his own statement that he has been free of
any seizures for ninety (90) days before the date of the application, and that he
is taking the medication prescribed by his physician. The division shall upon
receipt of the required documentation issue him a letter of authorization to
present to the circuit clerk. The circuit clerk shall not issue an operator's license
to a person with a seizure condition who does not present the letter of
authorization.
Any person who has a seizure condition who cannot present the certification
that his condition is controlled by drugs or a statement that he has been
seizure-free for ninety (90) days shall be notified in writing by the cabinet that
the person's privilege to operate a motor vehicle is withdrawn and of his right to
have an informal hearing on the matter of whether he is an unsafe driver as a
result of having the seizure condition. The notice shall be mailed by first-class
mail to the address of record of the person. The hearing shall be automatically
waived if not requested within twenty (20) days after the cabinet mails notice.
The hearing shall be scheduled as early as practical after receipt of the request
at a time and place designated by the cabinet.
A person whose seizure condition would impair his ability to operate a motor
vehicle may present evidence of the condition to the Division of Driver
Licensing's medical review board as established under KRS 186.444, including
his own attested statement, physician's statement, and medical dosage details.
If the board determines that the person's seizure condition would not impair his
ability to operate a motor vehicle, the division shall issue the letter of
authorization required by subsection (1) of this section.
A person whose seizure condition is of a nature that the seizure condition
would not impair the ability to operate a motor vehicle may present evidence of
this fact to the Division of Driver Licensing including the person's own attested
statement, physician's statement, and medicine dosage details. If the division
determines that the person's seizure condition does not impair the ability to
operate a motor vehicle, the division shall issue the letter of authorization
required by subsection (1) of this section.
Any physician shall not be subject to civil or criminal liability, absent a showing
of bad faith, for providing any reports, records, examinations, opinions, or
recommendations pursuant to this section.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 70, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 416, sec. 6, effective July 15, 1994; and ch. 455,
sec. 2, effective July 15, 1994. -- Amended 1980 Ky. Acts ch. 283, sec. 1,
effective July 15, 1980. -- Created 1974 Ky. Acts ch. 306, sec. 1.
Legislative Research Commission Note (7/15/94). This section was amended by
1994 Ky. Acts chs. 416 and 455. Where these Acts are not in conflict, they have
been codified together. Where a conflict exists, Acts ch. 416, which was last
enacted by the General Assembly, prevails under KRS 446.250.
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