Section 112.10. Conditions affecting neurological or neuromuscular function.

 

(1)  With respect to conditions affecting neurological or neuromuscular function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:

(a) Brain injury.

(b) Cerebral palsy.

(c) Multiple sclerosis.

(d) Muscular dystrophy.

(e) Myasthenia gravis.

(f) Neuralgia or neuritis.

(g) Parkinson's disease or other extrapyramidal disorders or symptoms.

(h) Poliomyelitis.

(i) Seizure disorders.

(j) Spinal cord injury.

(2)  The department may require information on functional ability including, but not limited to, the following:

(a) Episodes of altered consciousness or loss of bodily control.

(b) Degree of functional impairment, including the extent to which loss of muscle tone, range of motion, spasm, or fatigue affects functional ability.

(3)  

(a) Licensing standards. No license or endorsement may be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting neurological or neuromuscular function of this subsection.

(b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the following neuromuscular function criteria:

1. Any neurological or neuromuscular condition is controlled.

2. The person's driving is not impaired by weakness, numbness, or muscle spasm, or the person adequately compensates for any paralysis or paresthesia while driving.

3. The person is knowledgeable about the neuromuscular or neurological condition.

4. There are no episodes of altered consciousness or loss of bodily control caused by a neurological condition unless one of the following apply:

a. There has been a single, nonrecurring episode of altered consciousness or loss of bodily control that occurred more than 2 years prior to the application, the cause has been identified, and no treatment is required.

b. A seizure disorder has been diagnosed, but the person has been episode-free for at least 5 years preceding application and has not required treatment for at least 5 years preceding application.

c. Narcolepsy has been diagnosed as the cause of the episode, there have been no episodes of loss of consciousness for the past 2 years and the person's physician or APNP indicates treatment has been successful.

(bm) Medical standards for commercial driver licenses. A person who applies for, renews, or holds a commercial driver license may not have been subject to any episodes of altered consciousness or loss of bodily control caused by a neurological condition unless one of the following apply:

1. There has been a single, nonrecurring episode of altered consciousness or loss of bodily control occurring at least 2 years preceding application, and the cause of the episode has been identified and no treatment is required.

2. A seizure disorder has been diagnosed, but the person has been episode-free for at least 5 years preceding application.

(c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds for any classification of operator's license shall meet all of the following neuromuscular function criteria:

1. The person may not have had an episode of altered consciousness or loss of bodily control caused by a neurological condition for the 3 month period preceding medical review by the department under this chapter.

2. The person adequately compensates for any paralysis or sensory deficit when operating a vehicle.

3. Fatigue, weakness, muscle spasm, pain or tremor at rest does not impair safe driving, as assessed by a physician or APNP or determined through a driving evaluation.

4. There is no decline in cognition to an extent that interferes with safe driving.

History: Cr. Register, April, 1991, No. 424 , eff. 5-1-91; renum. (3) (c) 6. to be (3) (bm) and am. Register, October, 1991, No. 430 , eff. 11-1-91; renum. (1) (a) to (i) to be (1) (b) to (j), (1) (j) to be (1) (a), (3) (b) 6. to be (3) (b) 4. and am. 4.a., (c) 5. to be (c) 4., r. and recr. (2) (b), (3) (c) 1., am. (3) (b) 1., 3., (bm) 1., (c) 3., r. (3) (b) 4., 5., (c) 4., cr. (3) (b) 4. c., Register, June, 1996, No. 486 , eff. 7-1-96; CR 06-099 : am. (3) (b) 4. c. and (c) 3., Register June 2007 No. 618 , eff. 7-1-07.