Section 1340-01-04-.06 - SUSPENSION OF DRIVER LICENSE FOR PHYSICAL OR MENTAL DISABILITIES(1) Mental Standards: (a) Any driver who has been adjudged by a court of competent jurisdiction or has been evaluated by a psychiatrist, psychologist, or mental health facility and found to be suffering from any mental disease or substance abuse, may have the driver's driving privileges suspended until such time as the driver has been restored to competency by court order, order from the superintendent of the mental facility, or other such method provided by law. The driver must apply through the Driver Improvement Unit to receive a clearance/reinstatement order in order to recover, retain or obtain driving privileges.(b) If the driver claims to have been restored to competency, a certified copy of the court order or a written statement from a licensed psychiatrist or psychologist or mental health facility must first be mailed to the Driver Improvement Unit by such court, psychiatrist, psychologist or mental health facility.(c) After reviewing the certified court order or statement, the Department shall determine if the driver's driving privilege shall be reinstated. If approved, the driver will receive a clearance/reinstatement order from the Driver Improvement Unit.(2) Physical Standards (a) When the Department receives information about the ability of a driver to safely operate a motor vehicle, that driver shall be sent notice stating that the Department received information regarding his/her ability to safely operate a motor vehicle. The notice shall state the driver's driving privileges may be suspended. It shall also state that if the driver disagrees with a suspension, the driver may request an administrative hearing within thirty (30) days from the date of the notice. No action will be taken until the conclusion of the investigation or hearing. Throughout the investigation and/or hearing process, the driver may be questioned concerning the driver's physical condition and may be requested to submit a medical report. The Department shall provide the medical report forms to the driver to be completed by the appropriate licensed medical professional.(b) In all cases where medical reports are needed, the complaint/data must first be reviewed by the Department. Drivers who may be physically or mentally unfit to operate a motor vehicle upon the streets or highways of Tennessee may be identified in the following manner, and the review process invoked:1. A written complaint from law enforcement or driver license examiner;2. Data contained in a crash report;3. Data provided by any reliable individual or person within the medical profession as determined by the Department obtained through the receipt of a signed letter by that individual;4. Drivers previously suspended and requesting a re-evaluation of their record due to a purported change in the status of mental or physical health;5. Data obtained from courts, private citizens, newspaper stories, or information that would appear to be reliably obtained through other sources;6. Information from a person who has witnessed the driver's inability to drive because of a seizure or other condition through the receipt of a signed letter from that person; or7. Information from friends or relatives who know the driver's condition who submit information that a driver has a condition through the receipt of a signed letter.(c) The medical report forms must be completed by a licensed physician, physician assistant, or nurse practitioner (herein referred to as licensed medical professional) and should contain sufficient information regarding the driver's medical condition to enable the Department to determine whether the driver should be permitted to retain or obtain driving privileges. The information provided by the licensed medical professional must have been obtained within the last twelve (12) months. The licensed medical professional shall be requested to provide an opinion about the driver's ability to drive. The licensed medical professional's opinion, which is not binding on the Department, will be given consideration in conjunction with other available information.(d) The Department may use independent medical review boards to review and make recommendations if a driver is reported to have a mental or physical condition. The review boards will consist of licensed physicians in fields of specialized or general medicine. Physicians may serve on the medical review board in a voluntary capacity, or they may be paid by the Department if the Department deems such payment appropriate. The recommendations of the medical review board shall not be binding upon the Department.(e) The medical report forms completed by the licensed medical professional will be reviewed and one or more of the following actions shall take place: 1. If the licensed medical professional documents that the driver does not have a medical problem relating to the operation of a motor vehicle, the case may be closed. If the case is not closed, it may be referred to the medical review board to reconcile differences in the complaint and the medical report.2. If the licensed medical professional determines that the person should not be allowed to drive because of a medical condition, the driver shall have his/her driving privileges suspended. If the licensed medical professional cannot determine with certainty whether or not the person has a medical condition relating to the safe operation of a motor vehicle, the Department may refer the case to the medical review board.3. The medical review board may recommend that the case be closed or it may recommend the suspension of the driver's driving privileges and state the conditions for the suspension. Upon receipt of the medical review board's recommendation, the Commissioner shall determine the status of the driver's driving privileges. Such determination may be appealed pursuant to the provisions of the Uniform Administrative Procedures Act.4. At any time during the process, the Department and/or the medical review board may require additional medical information or evaluation before making a decision.(f) The Department may require the driver to submit to a special driver examination in lieu of, or in addition to, the medical review process.(g) Drivers who fail to furnish the Department with the required medical information or request an administrative hearing within thirty (30) days shall have their driving privileges suspended until such time as a favorable medical report is received and restoration of driving privileges is approved.(h) The Department shall suspend and/or shall not issue a driver license to anyone who suffers from uncontrolled epilepsy (also known as a seizure disorder), momentary lapse of consciousness or control due to epilepsy, cardiac syncope, diabetes, or other conditions until the driver has remained seizure-free or lapse free for a period of one (1) year, and then only upon receipt of a favorable medical statement from the driver's licensed medical professional. Provided, however, the driver may be approved for driving privileges if the driver's condition has been controlled for six (6) months and the Department receives a favorable medical report or statement from the driver's licensed medical professional and the Department approves the issuance of the driver license.(i) In the following cases, the driver may be immediately suspended until the driver submits the medical information required by subparagraph (c) and the medical information is reviewed in accordance with this rule: 1. The driver admits to a history of seizures or other conditions that seriously affects driving ability; or2. A person practicing in the medical profession submits information that a driver has a condition that renders them unsafe to drive.(j) The procedures set forth in this rule also apply to other physical or mental disabilities where the Department has good cause to believe the driver would not be able to safely operate a motor vehicle.(k) Drivers who have physical disabilities that can be compensated for by the use of physical controls or mechanical devices which enable the driver to safely operate a motor vehicle may be approved for licensing if they meet all other appropriate eligibility criteria.(l) Drivers who are hearing impaired shall be restricted to the operation of vehicles equipped with left and right outside rear-view mirrors.(m) Vision standards, including telescopic/biopic lens use by drivers with low vision, are located in the rules of the Driver Services Division of the Department of Safety.(3) Any driver who is alleged to have a mental or physical disability may request an administrative hearing before a hearing officer within thirty (30) days from the date of written notification of the proposed suspension action. Any driver whose driving privileges have been suspended as a result of a physical or mental disability may appeal the decision of the Department by filing a petition pursuant to the Uniform Administrative Procedures Act (T.C.A. § 4-5-101 et seq.).Tenn. Comp. R. & Regs. 1340-01-04-.06
Original rule filed March 12, 1986; effective June 14, 1986. Repeal and new rule filed August 5, 1996; effective December 27, 1996. Amendments filed April 18, 2005; effective August 26, 2005. Repeal and new rule filed March 26, 2014; effective 8/29/2014.Authority: T.C.A. §§ 55-50-202, 55-50-303, 55-50-502 and 55-50-505.