R17-4-506. Neurological Standards

A. Driver license application. 1. A person who has a seizure in the three months before applying for a driver license shall undergo an evaluation as provided in R17-4-502. 2. After the evaluation under R17-4-502, the person or the person’s physician shall submit the medical examination report to the Department. 3. The Department shall not issue a driver license to a person if the medical examination report shows that the person has a neurological disorder that affects the person’s ability to operate a motor vehicle safely. B. Driver license revocation. 1. A person with a driver license or nonresident driving privileges who experiences a seizure shall cease driving and: a. Undergo an evaluation as provided in R17-4-502; b. Submit the medical examination report to the Department; and c. Undergo a follow-up evaluation within one year after the seizure or within a shorter time, as recommended by a physician. 2. After each evaluation, the person or the person’s physician shall submit the applicable medical examination report to the Department. 3. The Department shall revoke a person’s driver license or nonresident driving privileges if any medical examination report shows the person has a neurological disorder that affects the person’s ability to operate a motor vehicle safely. C. Medical examination report. A medical examination report under this Section shall include the following information: 1. Age at onset of seizures, diagnosis, and history; 2. Aftereffects of seizures; 3. EEG findings, if any; 4. Description, cause, frequency, duration, and date of most recent seizure; 5. Current medications, including dosage, side effects, and serum level; and 6. A physician’s medical opinion as to whether the neurological disorder will affect the person’s ability to operate a motor vehicle safely. D. Physician’s medical opinion. A neurological disorder does not affect a person’s ability to operate a motor vehicle safely if a physician concludes with reasonable medical certainty that: 1. Any seizure that occurred within the last three months was due to a change in anticonvulsant medication ordered by a physician and that seizures are under control after the change in medication; 2. Any seizure that occurred within the last three months was a single event that will not recur in the future; 3. Any seizure is likely to occur but has an established pattern of occurring only during sleep; or 4. There is an established pattern of an aura of sufficient duration to allow the person to cease operating a motor vehicle immediately at the onset of the aura.