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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.

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Page 1 of 2 186.411 Issuance of driver's license to person with a seizure condition -- Conditions -- Notice and hearing -- Option for determination of ability by medical review <br>board. (1) 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 shall be required <br>by the cabinet to present to the Division of Driver Licensing certification by a <br>physician that his condition is controlled by drugs, details of the drugs, dosages <br>which the person takes, and that the person has been free of any seizures for ninety <br>(90) days; his own statement that he has been free of any seizures for ninety (90) <br>days before the date of the application, and that he is taking the medication <br>prescribed by his physician. The division shall upon receipt of the required <br>documentation issue him a letter of authorization to present to the circuit clerk. The <br>circuit clerk shall not issue an operator's license to a person with a seizure condition <br>who does not present the letter of authorization. (2) Any person who has a seizure condition who cannot present the certification that his condition is controlled by drugs or a statement that he has been seizure-free for <br>ninety (90) days shall be notified in writing by the cabinet that the person's privilege <br>to operate a motor vehicle is withdrawn and of his right to have an informal hearing <br>on the matter of whether he is an unsafe driver as a result of having the seizure <br>condition. The notice shall be mailed by first-class mail to the address of record of <br>the person. The hearing shall be automatically waived if not requested within <br>twenty (20) days after the cabinet mails notice. The hearing shall be scheduled as <br>early as practical after receipt of the request at a time and place designated by the <br>cabinet. (3) A person whose seizure condition would impair his ability to operate a motor vehicle may present evidence of the condition to the Division of Driver Licensing's <br>medical review board as established under KRS 186.444, including his own attested <br>statement, physician's statement, and medical dosage details. If the board <br>determines that the person's seizure condition would not impair his ability to <br>operate a motor vehicle, the division shall issue the letter of authorization required <br>by subsection (1) of this section. (4) 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 <br>Division of Driver Licensing including the person's own attested statement, <br>physician's statement, and medicine dosage details. If the division determines that <br>the person's seizure condition does not impair the ability to operate a motor vehicle, <br>the division shall issue the letter of authorization required by subsection (1) of this <br>section. (5) Any physician shall not be subject to civil or criminal liability, absent a showing of bad faith, for providing any reports, records, examinations, opinions, or <br>recommendations pursuant to this section. Effective: July 15, 1996 <br>History: 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 Page 2 of 2 July 15, 1994. -- Amended 1980 Ky. Acts ch. 283, sec. 1, effective July 15, 1980. -- <br>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 <br>codified together. Where a conflict exists, Acts ch. 416, which was last enacted by <br>the General Assembly, prevails under KRS 446.250.