KRS 186.411: Issuance of driver's license to person with a seizure condition -- Conditions

-- Notice and hearing -- Option for determination of ability by medical review

board.

(1) If a person with a seizure condition applies for an original, duplicate, mod ified, or

renewal operator's license, or applies for an instruction permit, he or she shall be

required by the cabinet to present to the Division of Driver Licensing certification

by a physician or advanced practice registered nurse that his or her conditi on is

controlled by drugs, details of the drugs, dosages which the person takes, and that

the person has been free of any seizures for ninety (90) days; his or her own

statement that he or she has been free of any seizures for ninety (90) days before the

date of the application, and that he or she is taking the medication prescribed by his

physician or advanced practice registered nurse. The division shall upon receipt of

the required documentation issue him a letter of authorization to present to the

cabinet. The cabinet shall not issue an operator's license to a person with a seizure

condition who does not present the letter of authorization.

(2) Any person who has a seizure condition who cannot present the certification that his

or her condition is contro lled by drugs or a statement that he or she has been

seizure-free for ninety (90) days shall be notified in writing by the cabinet that the

person's privilege to operate a motor vehicle is withdrawn and of his or her right to

have an informal hearing on the matter of whether he or she is an unsafe driver as a

result of having the seizure condition. The notice shall be mailed by first -class mail

to the address of record of the person. The hearing shall be automatically waived if

not requested within twenty ( 20) days after the cabinet mails notice. The hearing

shall be scheduled as early as practical after receipt of the request at a time and

place designated by the cabinet.

(3) A person whose seizure condition would impair his or her ability to operate a moto r

vehicle may present evidence of the condition to the Division of Driver Licensing's

medical review board as established under KRS 186.444, including his or her own

attested statement, physician's or advanced practice registered nurse's statement, and

medical dosage details. If the board determines that the person's seizure condition

would not impair his or her ability to operate a motor vehicle, the division shall

issue the letter of authorization required by subsection (1) of this section.

(4) A person whose seizure condition is of a nature that the seizure condition would not

impair the ability to operate a motor vehicle may present evidence of this fact to the

Division of Driver Licensing including the person's own attested statement,

physician's or adv anced practice registered nurse's statement, and medicine dosage

details. If the division determines that the person's seizure condition does not impair

the ability to operate a motor vehicle, the division shall issue the letter of

authorization required by subsection (1) of this section.

(5) Any physician or advanced practice registered nurse shall not be subject to civil or

criminal liability, absent a showing of bad faith, for providing any reports, records,

examinations, opinions, or recommendations pursuant to this section.