DEPARTMENT OF STATE

                     BUREAU OF BRANCH OFFICE SERVICES

                 PHYSICAL AND MENTAL STANDARDS FOR DRIVERS


(By authority conferred on the secretary of state by section   309   of   Act 
No. 300 of the Public Acts of 1949, as  amended,  being   S257.309   of   the 
Michigan Compiled Laws)


R  257.851   Definitions.
  Rule 1. (1) As used in these rules:
  (a) "Act" means Act No. 300 of the Public  Acts  of   1949,   as   amended, 
being S257.1 et seq. of the Michigan Compiled Laws.
  (b) "Applicant" means a person who applies for any of the following:
  (i) An operator's license.
  (ii) A chauffeur's license.
  (iii) A minor's restricted license.
  (iv) Any license indorsement.
  (c) "Department" means the department of state.
  (d) "Disability" means a reduction in those mental   or   physical   skills 
which are necessary to safely operate a motor vehicle.
  (e) "Episode" means any of the following:
  (i) A condition which causes or contributes to any of the following:
  (A) A lapse of consciousness.
  (B) Blackout.
  (C) Seizure.
  (D) Fainting spell.
  (E) Syncope.
  (F) Other impairment of the level of consciousness.
  (ii) A condition which causes or contributes  to  an   impairment   of   an 
individual's driving judgment or reaction time or  affects  an   individual's 
ability to safely operate a motor vehicle.
  (iii) A condition which causes or contributes to a  violent  or  aggressive 
action relating to the operation of a motor vehicle.
  (f) "Licensee" means a person who has been issued any of the  following:
  (i) An operator's license.
  (ii) A chauffeur's license.
  (iii) A minor's restricted license.
  (iv) A temporary instruction permit.
  (v) A validated driver's instruction permit.
  (g) "Neuropsychologist" means a psychologist who, by  nature  of   training 
and experience, has developed expertise  in  the   area   of   brain-behavior 
relationships.
  (h) "Physician"  means  an  individual  who  is   currently   licensed   to 
practice medicine or osteopathic medicine in  this  or   another   state   as 
provided by statute.
  (i) "Psychiatrist" means a physician who,  by  nature   of   training   and 
experience, has developed expertise in the area of psychiatry.
  (j) "Psychologist" means an individual  who  is   currently   licensed   to 
practice psychology in this or another state as provided by statute.
  (k) "Statement of physical or mental history" means a  statement   from   a 
physician or psychologist, on a form acceptable to  the   department,   which 
contains information about  a  person's  physical  or   mental   history   or 
condition as this history or condition relates to the  person's  ability   to 
safely operate a motor vehicle.
  (2) Nothing in these rules shall be construed to require medical testing or 
examination of an individual who   objects   on   the   grounds   that   such 
testing or examination violates his or  her  personal  religious  beliefs.
However, such individual will still be required  to   meet   all   reasonable 
requirements to receive or retain a license or indorsement.
  (3) A term defined in the act has the same meaning when   used   in   these 
rules.

  History:  1988 AACS.


R  257.852   Health consultants.
  Rule 2. (1) The secretary  of  state  may  appoint  health  consultants.
Consultants  shall  serve  2-year  terms  from  the    date    of    original 
appointment. In selecting health consultants, the secretary  of  state  shall 
appoint 1 or more person from each of the following categories:
  (a) A handicapper knowledgeable in the area   of   functional   limitations 
which may affect the safe operation of a motor vehicle.
  (b) A licensed physical or occupational therapist  knowledgeable   in   the 
area of functional limitations which may affect the safe   operation   of   a 
motor vehicle.
  (c) A driver evaluator or instructor specializing in  driver  education  of 
the disabled and adaptive motor vehicle equipment instruction.
  (2) When appointing a health consultant, the secretary   of   state   shall 
select from persons possessing expertise in areas such as  the  following:
  (a) Family practice.
  (b) Internal medicine.
  (c) Rehabilitation medicine.
  (d) Occupational therapy.
  (e) Physical therapy.
  (f) Cardiology.
  (g) Psychiatry.
  (h) Psychology.
  (i) Neurology.
  (j) Neuropsychology.
  (k) Ophthalmology.
  (l) Optometry.
  (m) Addiction counseling.
  (n) Endocrinology.
  (o) Pharmacology.
  (p) Social work.
  (q) Vocational rehabilitation counseling.
  (r) Other areas related to the diagnosis, treatment,  or  rehabilitation of 
disabilities which could affect the safe operation of  motor  vehicles.
  (3) A health consultant may advise the   department   concerning   physical 
and mental standards related to the licensing  of  drivers   and   the   safe 
operation of motor vehicles.
  (4) Upon  request,  1  or  more  health  consultants   shall   advise   the 
department concerning an applicant's or  licensee's   physical   and   mental 
ability to safely operate a motor vehicle.
  (5) A recommendation from a health consultant shall be advisory only.
  (6) Each health consultant shall complete a requested review  in  a  timely 
fashion and shall submit a response to the department  within  a   reasonable 
period of time, which shall not exceed 30  calendar  days   if   a   person's 
license has been suspended or revoked.
  (7) If a consultant's response concerning a  person   whose   license   has 
been suspended or revoked takes more than 30 calendar days on   3   or   more 
occasions, the health consultant shall be discharged.

  History:  1988 AACS.


R  257.853   Statement of physical or mental history; refusal to  process,
  or  denial  of,  license  application  pending  receipt  and  review  of
  statement; submission by licensee at or before reexamination;  contents;
  confidentiality.
  Rule 3. (1) If the department has reason to believe   that   an   applicant 
has a physical or mental disability which affects his or   her   ability   to 
safely operate a motor vehicle,  the  department  shall   not   process   the 
application until a statement of  physical  or  mental   history   has   been 
received and reviewed.
  (2) The application shall be  denied  if,  upon   review,   the   statement 
indicates the person cannot safely operate a motor vehicle.
  (3) If the department has reason  to  believe  that  a   licensee   has   a 
physical or mental disability which affects his or her  ability   to   safely 
operate a motor vehicle, the department  shall  require   the   licensee   to 
submit  a  statement  of  physical  or  mental  history  at   or   before   a 
reexamination of the licensee. A license or indorsement  may  be  restricted, 
suspended, or revoked  if  that  action  is  ordered   at   a   reexamination 
conducted by the department or if the person who  completed   the   statement 
recommends no driving privileges or otherwise indicates  the  licensee  lacks 
the physical or mental ability to safely operate a motor vehicle.
  (4) The statement of physical or mental history shall include  all  of  the 
following  information  with  respect  to  the    person    completing    the 
examination:
  (a) Name, address, title, and signature.
  (b) Area or specialty of practice, if any.
  (c) The person's professional license  number,  if   any,   and   telephone 
number.
  (5) The statement of physical or mental history shall include  all  of  the 
following information pertaining to the applicant or licensee:
  (a) The person's full name, address, and date of birth.
  (b) The date of the report.
  (c) The date of examination.
  (6) The statement of  physical  or  mental  history   shall   contain   the 
following information as  it  pertains  to  the  current   ability   of   the 
applicant or licensee to safely operate a motor vehicle:
  (a) The diagnosis, age of onset, prognosis, and  prescribed  treatment   or 
plan of therapy.
  (b) Prescribed medications.
  (c) The person's compliance with and response to  treatment,  therapy,   or 
medication.
  (d) Any adverse or other reaction to treatment, therapy, or  medication.
  (e) The results of the examination.
  (f) The signature of the applicant or licensee on a   release   or   waiver 
authorizing the use of the information by  the  department   only   for   the 
purpose of assisting in evaluating the person's ability to safely  operate  a 
motor vehicle.
  (g) Any other information required by these rules.
  (7) A statement of physical or mental history may include an  evaluation of 
the effect of the condition and treatment, therapy, or medication   upon  the 
person's ability to operate  a  motor  vehicle  and  a   recommendation   for 
licensure restrictions or special limitations.
  (8) If the statement is completed by a  psychologist  or  neuropsychologist 
and the applicant or licensee is  taking  prescribed   medication   for   the 
treatment of his or her condition or for any  other   reason   or   condition 
known to the psychologist or neuropsychologist, the statement  shall  also be 
signed by the physician who prescribed the medication.
  (9) The department may request the  applicant  or   licensee   to   provide 
additional information concerning his or her  current   ability   to   safely 
operate a motor vehicle, including  additional   medical   information   when 
appropriate.
  (10) The department may require, as a condition  for   or   a   restriction 
upon a license, that a licensee submit statements of   physical   or   mental 
history periodically during the duration of a license   or   indorsement   or 
upon submission of an application for an operator's or chauffeur's license or 
indorsement.
  (11) A licensing action taken by  the  department  on  the   basis   of   a 
physical or mental condition or  disability  will  be   reassessed   by   the 
department upon receipt of new medical evidence and  documentation  that  the 
condition or disability has changed or abated or no longer exists.
  (12) All records and information received or secured  pursuant   to   these 
rules shall be kept confidential and shall be used only for  the  purpose  of 
assisting in evaluating a person's  ability  to  safely   operate   a   motor 
vehicle.
  (13) Disclosure of the contents of any  document   or   other   information 
received pursuant to these rules by any employee of the  department  for  any 
reason other than assisting in the evaluation of  a   person's   ability   to 
safely operate a motor vehicle may be grounds for disciplinary action.

  History:  1988 AACS.


R  257.854   Episodic and other conditions.
  Rule 4. (1) An applicant or licensee  who  has   experienced   an   episode 
shall be denied an  operator's  license  or  chauffeur's   license   or   any 
indorsement or shall have his or her license  or   indorsement   indefinitely 
suspended after reexamination until he or she submits a  recent  statement of 
physical or mental history.
  (2) For an operator's license or motorcycle indorsement,  the  statement of 
physical or mental history shall include either of the following:
  (a) Certification that  the  person's  condition  is   under   control   by 
medical or other treatment and that all symptoms or  conditions  which  would 
affect the safe operation of a motor vehicle have been  corrected,  cured, or 
controlled or have abated for not less than 6 months.
  (b) Certification that the person has not  had  an   episode   within   the 
previous 6 months.
  (3) For a chauffeur's license or indorsement to operate a  truck  or   bus, 
the statement of physical or mental history shall include   either   of   the 
following:
  (a) Certification that  the  person's  condition  is   under   control   by 
medical or other treatment and that all symptoms or  conditions  which  would 
affect the safe operation of a motor vehicle have been  corrected,  cured, or 
controlled or have abated for not less than 12 months.
  (b) Certification that the person has not  had  an   episode   within   the 
previous 12 months.
  (4) The 6-month or 12-month period may be reduced   or   eliminated   based 
upon a departmental review of the specific recommendation  of   a   qualified 
physician or any other information  which  may  come   to   the   department, 
including evidence that the episode resulted from  medical  intervention   or 
medically supervised experimentation with prescribed medication,  as  well as 
the evaluation of other evidence. The  department  may  issue  a  limited  or 
restricted license or indorsement.

  History:  1988 AACS.


R  257.855   License restrictions.
  Rule 5. (1) The department may require  an  applicant   or   licensee   who 
wishes to receive or retain an unrestricted license to  demonstrate  his   or 
her ability to safely operate a vehicle.
  (2)  Notwithstanding  any  other  provision  of  these   rules,   when   an 
operator's or chauffeur's license or any indorsement is issued,  restored, or 
 retained,  the   license   or    indorsement    may    include    reasonable 
restrictions which are necessary for the safe operation  of   the   type   of 
vehicle the person is authorized to operate.

  History:  1988 AACS.


R  257.856   Right to appeal.
  Rule 6. A person who is aggrieved by a final decision  of  the   department 
involving the application of these rules may appeal  as   provided   in   the 
act.

  History:  1988 AACS.


R  257.857   Written notice.
  Rule 7. A person who is affected by an action under these  rules  shall  be 
given written notice of that action by first-class mail.  Notice   shall   be 
sent to the person at his or her mailing address currently   on   file   with 
the department or shall be personally served.

  History:  1988 AACS.