Fla. Admin. Code R. 15A-5.004

Current through Reg. 50, No. 217; November 5, 2024
Section 15A-5.004 - Seizures
(1) Applicants or licensed drivers must be seizure free for a period of two years before having their license issued or reinstated, but may apply at the end of six months to be reconsided by the Board for issuance or reinstatement if they are under regular medical supervision and seizure free. Applicants or licensed drivers with "petit mal," absence seizures, and partial seizures with complex symptomatology will also be subject to these guidelines. An applicant or licensed driver with an isolated seizure with a normal electroencephalogram may be reconsidered by the Board at the end of three months. Applicants or licensed drivers must present a Medical Report, HSMV 72423, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09594, herein incorporated by reference, from their treating physician. A copy of the form is available on the Department's website.
(2) Applicants or licensed drivers who have been approved for license issuance or reinstatement after being seizure free for six months may be required to submit follow-up medical information at periodic intervals as recommended by the Board.
(3) Applicants or licensed drivers who have had chronic recurring seizures (or have been treated for such for one year) and who have anti-epileptic medications discontinued will not be licensed to drive during the period of drug withdrawal and for a period of three months following complete cessation of treatment. If the applicant or licensed driver has seizures during this withdrawal period, licensing may be considered after a three-month seizure free interval or upon return to adequate therapy.
(4) If there is a question about the seizure type or the medication the applicant or licensed driver is prescribed, it is the prerogative of the Board to question the physician further to clarify the nature of the seizures.
(5) Blood levels below therapeutic levels are to be considered on an individual basis.
(6) Applicants or licensed drivers with only non-epileptic seizures or chronic nocturnal seizures will be considered on an individual basis.

Fla. Admin. Code Ann. R. 15A-5.004

Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS.

New 7-5-81, Amended 6-27-82, Formerly 15A-5.04, Amended by Florida Register Volume 44, Number 138, July 17, 2018 effective 7/31/2018.

New 7-5-81, Amended 6-27-82, Formerly 15A-5.04, Amended 7-31-18.