2021 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 or she shall be
required by the cabinet to present to the Division of Driver Licensing certification
by a physician or advanced practice registered nurse that his or her 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 or her own
statement that he or she has been free of any seizures for ninety (90) days before the
date of the application, and that he or she is taking the medication prescribed by his
physician or advanced practice registered nurse. The division shall upon receipt of
the required documentation issue him a letter of authorization to present to the
cabinet. The cabinet 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
or her condition is controlled by drugs or a statement that he or she 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person's privilege to operate a motor vehicle is withdrawn and of his or her right to
have an informal hearing on the matter of whether he or she 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 or her 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 or her own
attested statement, physician's or advanced practice registered nurse's statement, and
medical dosage details. If the board determines that the person's seizure condition
would not impair his or her 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 or advanced practice registered nurse'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 or advanced practice registered nurse 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: March 27, 2020
History: Amended 2020 Ky. Acts ch. 51, sec. 5, effective March 27, 2020. -- Amended
2016 Ky. Acts ch. 87, sec. 3, effective July 15, 2016. -- 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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