Present law prohibits a person from being denied a commercial driver license, or being deemed medically unqualified to operate a motor vehicle, based on the failure to meet motor safety carrier regulations because of any of the following medical conditions:  Distant visual acuity, if the person has only one eye but the distant visual acuity meets the requirements of federal law.  A medical history or diagnosis of diabetes mellitus currently requiring insulin, but whose medical history indicates that the insulin controls the diabetes to the extent that it is not likely to cause a loss of ability to control the motor vehicle.  Classification as an American Heart Association Class I or II heart patient.  Implantation of an automated implantable cardiac defibrillator due to a sudden death event or a prophylactic reason. Present law generally requires persons who obtain a commercial driver license, despite having one of the medical conditions described above, to operate a commercial vehicle only in this state. It also prohibits such drivers from transporting hazardous materials or from operating a common carrier motor vehicle for the transporting of passengers for hire. Persons who fail to meet these requirements may have their commercial driver license suspended. A license may be suspended permanently if a person is found to have committed a serious traffic violation or reportable accident due to one of the medical conditions described above. This bill clarifies that persons who hold a commercial driver license and are certified as medically qualified to operate a commercial vehicle are not limited to operating a commercial motor vehicle only in this state. However, the certificate must be issued by a medical examiner certified by the federal motor carrier safety administration and be listed on the national registry of certified medical examiners. Persons who are certified as medically qualified are not prohibited from transporting hazardous materials or from operating a common motor carrier vehicle for the transporting of passengers for hire. Such persons are not subject to a suspension of their license if they have committed a serious traffic violation or reportable accident due to the medical conditions described above.

Statutes affected:
Introduced: 55-50-411