Ariz. Admin. Code § 17-4-506

Current through Register Vol. 30, No. 50, December 13, 2024

Section 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.

Ariz. Admin. Code § R17-4-506

Former Rule, General Order 107; Amended effective April 28, 1981 (Supp. 81-2). Amended effective July 1, 1985 (Supp. 85-4). Former Section R17-4-46 renumbered without change as Section R17-4-506 (Supp. 87-2). Emergency amendment adopted effective December 31, 1998, pursuant to A.R.S. § 28-366, for a maximum of 180 days (Supp. 98-4). Emergency amendment expired June 29, 1999 pursuant to A.R.S. § 41-1026(C) (Supp. 99-3). Emergency amendment adopted effective October 1, 1999, pursuant to A.R.S. § 28-366, for a maximum of 180 days (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 1172, effective March 9, 2000 (Supp. 00-1). Amended by final rulemaking at 7 A.A.R. 3221, effective July 12, 2001 (Supp. 01-3). Section recodified to R17-4-404 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section recodified from R17-4-522at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 5440, effective November 14, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 5223, effective December 5, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 26 A.A.R. 3147, effective 12/3/2020.