No. 29582 (Amendment): R708-7-10. Use of the Functional Ability Profile

DAR File No.: 29582
Filed: 02/28/2007, 09:04
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed as a result of discussion that took place at an Administrative Rules Review Committee meeting. There was concern expressed regarding the part of the process currently in place that results in an individual's privilege to drive being denied based on a medical report profiled by a physician at a level 8. The Committee felt that this aspect of the process needed to be outlined in the rule as it results in the immediate denial of the driving privilege without further review by the division. The remainder of the process dealing with medical category profile levels currently in use is applied as a guideline and coupled with other tools including personal review and testing in order to determine whether or not a driving privilege is denied.

Summary of the rule or change:

The rule change specifies the fact that if the division receives a medical report for a driver that is profiled at a level 10 for vision and 8 for all other medical categories, which indicates that the physician recommends no driving, the driver will have his or her driving privilege denied. It also outlines due process entitlements when action is taken. In addition, the version of the guidelines that is incorporated by reference has been updated to reflect the November 2006 edition.

State statutory or constitutional authorization for this rule:

Sections 53-3-224, 53-3-303, and 53-3-304; and 49 CFR 391.43

This rule or change incorporates by reference the following material:

Functional Ability in Driving: Guidelines and Standards for Heath Care Professionals, November 2006 ed.

Anticipated cost or savings to:

the state budget:

There is no cost to the division because there are no procedural changes.

local governments:

There is no cost to local government because they are not involved in issuing driver licenses.

other persons:

There is no cost to other persons because there are no procedural changes.

Compliance costs for affected persons:

There is no compliance cost to individuals because there are no procedure changes.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact on businesses because of this rule change. Scott T. Duncan, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY UT 84119-5595

Direct questions regarding this rule to:

Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/16/2007

This rule may become effective on:

04/23/2007

Authorized by:

Nannette Rolfe, Director

RULE TEXT

R708. Public Safety, Driver License.

R708-7. Functional Ability in Driving: Guidelines for Physicians.

R708-7-10. Use of the Functional Ability Profile.

(1) Health care professionals who evaluate their patients' health status for purposes of the patient obtaining a Utah driver license, shall report functional ability profiles on forms provided by the division.

(2) In assessing patient health and completing these report forms, health care professionals shall apply the standards and related information contained in the following lists, charts, and tables, which standards and guidelines are adopted and incorporated within this rule by reference, and are referred to in a booklet entitled, "Functional Ability in Driving: Guidelines And Standards for Health Care Professionals", ([August 9,2000 ed.]November 2006 ed.). Specific categories are:

(a) "Category A" - diabetes and other metabolic conditions; narrative listing and table;

(b) "Category B" - cardiovascular; narrative listing and table;

(c) "Category C" - pulmonary; narrative listing and table;

(d) "Category D" - neurologic; narrative listing and table;

(e) "Category E" - epilepsy and other episodic conditions; narrative listing and table;

(f) "Category F" - learning, memory and communications; narrative listing and table;

(g) "Category G" - psychiatric or emotional conditions; narrative listing and table;

(h) "Category H" - alcohol and other drugs; narrative listing and table;

(i) "Category I" - visual acuity; narrative listing and table;

(j) "Category J" - musculoskeletal abnormality or chronic medical debility; narrative listing and table;

(k) "Category K" - alertness or sleep disorders; narrative listing and table; and

(L) "Category L" - hearing and balance; narrative listing and table.

(3) Copies of these guidelines are printed in a booklet and distributed by the division. These booklets may be obtained at no cost for health care professionals or $5 per booklet for all other individuals. Copies may be obtained in person or by written request to the Driver License Division Medical Section at P.O. Box 30560, Salt Lake City, Utah 84130-0560.

(4) Report forms completed by a health care professional and received by the division are to be used as a screening tool in assessing an individual's ability to safely operate a motor vehicle.

(a) Some profile levels as identified in the "Functional Ability in Driving: Guidelines And Standards for Health Care Professionals", may result in the division requesting an individual to complete a driving skills test in order to demonstrate the ability to safely operate a motor vehicle before determining whether the individual will maintain the privilege to drive. In some cases when a privilege to drive is granted, driving restrictions may be required in order to ensure public safety.

(b) A health care professional may also request that the division evaluate an individual's driving skill level at the health care professional's discretion.

(5) The division shall notify an individual that their privilege to drive is denied upon receipt of the following:

(a) a medical report that is completed in the categories A, B, C, D, E, F, G, H, J, K, or L, that is profiled at a level "8" in accordance with the "Functional Ability in Driving: Guidelines And Standards for Health Care Professionals", or other documentation which indicates that the health care professional recommends that the individual does not drive; or

(b) a medical report that is completed in the category I that is profiled at a level "10" in accordance with the "Functional Ability in Driving: Guidelines And Standards for Health Care Professionals", or other documentation which indicates that the health care professional recommends that the individual does not drive.

(6) Upon receipt of a notice of denial of the privilege to drive, an individual may request a review of the division's decision by a panel of board members. All of the actions of the director and board are subject to judicial review.

 

KEY: administrative procedures, health care professionals, physicians

Date of Enactment or Last Substantive Amendment: [August 20, 2002]2007

Notice of Continuation: November 25, 2002

Authorizing, and Implemented or Interpreted Law: 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43