A bill for an act
 relating to drivers' licenses; prohibiting the denial of a driver's license based on a
diagnosis of diabetes mellitus; repealing certain driver licensing requirements
related to diabetes mellitus; amending Minnesota Statutes 2020, section 171.13,
subdivision 1; repealing Minnesota Rules, part 7410.2610, subparts 1, 2, 3, 3a, 5a,
5b, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 171.13, subdivision 1, is amended to read:


Subdivision 1.

Examination subjects and locations; provisions for color blindness,
disabled veterans.

(a) Except as otherwise provided in this section, the commissioner shall
examine each applicant for a driver's license by such agency as the commissioner directs.
This examination must include:

(1) a test of the applicant's eyesight;

(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;

(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
penalties and financial consequences resulting from violations of laws prohibiting the
operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
transportation safety, including the significance of school bus lights, signals, stop arm, and
passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and
dangers of carbon monoxide poisoning;

(4) an actual demonstration of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle; and

(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways.

(b) Notwithstanding paragraph (a), deleted text beginnodeleted text end new text beginthe commissioner must not deny an application
for a new text enddriver's license deleted text beginmay be denied an applicantdeleted text end new text beginbased new text endon the exclusive grounds that the
applicant's eyesight is deficient in color perceptionnew text begin or that the applicant has been diagnosed
with diabetes mellitusnew text end. War veterans operating motor vehicles especially equipped for
disabled persons, if otherwise entitled to a license, must be granted such license.

(c) The commissioner shall make provision for giving the examinations under this
subdivision either in the county where the applicant resides or at a place adjacent thereto
reasonably convenient to the applicant.

(d) The commissioner shall ensure that an applicant is able to obtain an appointment for
an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the
applicant's request if, under the applicable statutes and rules of the commissioner, the
applicant is eligible to take the examination.

Sec. 2. new text beginRULEMAKING; DIABETES MELLITUS.
new text end

new text begin The commissioner of public safety must amend Minnesota Rules, part 7414.1490, as
necessary to conform with section 1. The commissioner may use the expedited rulemaking
process under Minnesota Statutes, section 14.389.
 new text end

Sec. 3. new text beginREPEALER.
new text end

new text begin Minnesota Rules, part 7410.2610, subparts 1, 2, 3, 3a, 5a, 5b, and 6, new text end new text begin are repealed.
 new text end

APPENDIX

Repealed Minnesota Rule: 21-01876

7410.2610 INSULIN-TREATED DIABETES MELLITUS.

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. 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.