Massachusetts

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Are applicants for a driver’s license asked questions about diabetes?

The driver’s license application (first time and renewal) asks the applicant whether he or she has any medical condition that may affect his or her ability to safely operate a motor vehicle, and if he or she is taking any medications that could affect his or her ability to safely operate a motor vehicle. If an applicant answers “Yes” to either of these questions, he or she is required to provide a letter from his or her physician (written on the physician’s letterhead and recently dated) providing medical clearance. The physician must state that the person is medically qualified to operate a motor vehicle in order for the driver to be licensed.

What other ways does the state have to find out about people who may not be able to drive safely because of a medical condition?

The state accepts reports of potentially unsafe drivers from: police officers, the courts, physicians, family members, friends, other citizens and hospitals. The licensing agency does not accept anonymous reports. The report must contain identifying information about the driver, as well as the reason for the complaint and/or a description of the functional limitation. Drivers may also be required to provide medical certification if they have impairments which are observed by licensing agency personnel during the licensing process, if they are found to have caused an at-fault accident involving a fatality or when they apply for a handicapped parking permit.

What is the process for medical evaluations of drivers?

If a physician or law enforcement officer reports to the licensing agency that an individual is not able to safely operate a motor vehicle, the agency may initiate an action to suspend or deny a license without seeking a further medical evaluation. However, when a report of a potentially unsafe driver is received from another source (such as an answer to a question on a license application) the agency will require the individual to have a medical evaluation. The physician must document the extent, frequency, and control of the symptoms of the individual’s diabetes that may affect his or her ability to operate a motor vehicle; whether the condition is likely to interfere with mental or physical ability to operate a motor vehicle safely; type and date of last episode of loss of consciousness; and the types and dosage of medications prescribed, and whether they are likely to affect ability to safely operate a motor vehicle. The physician is also asked to give a professional opinion on whether the individual is capable of safely operating a motor vehicle, and is asked whether periodic follow-up evaluations should be required. Medical evaluation forms must be returned to the licensing agency, where they are evaluated based on the physician’s recommendation and the state’s minimum medical criteria and a licensing decision is made. If the agency determines that a suspension of a current license is necessary, the driver is first asked to voluntarily surrender the license. If the driver does so, he or she may ask to have the license reinstated when a physician certifies that the condition has improved, without suffering any negative insurance consequences. Periodic follow-up medical evaluations may be required, usually on the recommendation of the physician.

Who makes decisions about whether drivers are medically qualified?

Most decisions are made by licensing agency staff based on the state’s minimum medical criteria and the recommendations of the individual’s treating physician. Great weight is given to the physician’s opinion, although the medical criteria will override the physician’s opinion when they conflict. The state has an independent Medical Advisory Board and cases can be referred to the board for a recommendation. However, this is rarely done; the primary function of the Board is to assist in developing medical criteria.

Has the state adopted specific policies about whether people with diabetes are allowed to drive?

No. Massachusetts has not adopted specific medical guidelines related to diabetes, except for its guidelines related to episodes of loss of consciousness (see below).

What is the state’s policy about episodes of altered consciousness or loss of consciousness that may be due to diabetes?

The applicant must be episode free for six months and must obtain a statement from his or her treating physician that he or she has been free from episodes for the required period. This statement must also describe the cause of the most recent episode, how the condition is being treated, the degree of altered consciousness suffered during episodes, the probability of future occurrences, and a statement that, to a reasonable degree of medical certainty, the individual’s condition will not interfere with the safe operation of a motor vehicle. The six month period may be shortened if the individual obtains a statement from his or her physician containing all of the information listed above and stating that the six month episode free period is unnecessary for the individual. Likewise, the period may be lengthened if the licensing agency determines it is medically necessary.

What is the process for appealing a decision of the state regarding a driver’s license?

Drivers may appeal a decision within 10 days to a Board of Appeals, which will conduct a hearing to affirm, modify, or annul the registrar’s decision. If the driver does not attend the hearing, it is assumed the individual waives the right to a hearing and is unfit to operate a vehicle. If reinstatement of license is requested at any time after that point, the individual may request a new hearing. An appeal can then be made to the Massachusetts Superior Court.

May an individual whose license is suspended or denied because of diabetes receive a probationary or restricted license?

No.

Is an identification card available for non-drivers?

Yes. The application process is the same as for a driver’s license. If an applicant voluntarily surrenders driver’s license due to a medical reason, the individual may receive an ID card free of charge.

Resources

A Driver licensing in Massachusetts is administered by the Registry of Motor Vehicles.