New York

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

The driver’s license application asks each new applicant whether he or she suffers from any of a given list of medical conditions. Diabetes is not listed, but “any condition which causes unconsciousness” is listed. Renewal applicants are presented with the same list of conditions and asked if they have any of these conditions which have worsened since the issuance of their last license. If an applicant answers “Yes” to either of these questions, he or she may be required to have a physician complete a medical evaluation form.

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, physicians, family members, friends, other citizens and hospitals. The licensing agency does not accept anonymous reports and does not investigate reports before a driver is contacted for medical review. Drivers may also be required to have a medical evaluation if they are involved in a given number of at-fault crashes in a given time period, if they are involved in a crash resulting in a fatality, or if they have impairments which are observed by licensing agency personnel during the licensing process.

What is the process for medical evaluations of drivers?

When the licensing agency has information that an individual may suffer fro ma condition that can cause loss of consciousness, the individual is required to have a medical evaluation completed by his or her physician, which must be based on an examination of the individual conducted within the last 120 days. The form may be filled out by the individual’s primary care physician, although in that case the licensing agency may later ask for additional information from a specialist. On the form, the individual is asked to give the dates of the first and last episodes of loss of consciousness, and to list any medications being taken. The physician is also asked to list medications taken and to give the date and a description of the most recent episode of loss of consciousness. In addition, the physician is asked to describe the frequency of symptoms of the condition, to provide relevant test results, and to state whether any of the episodes have involved a motor vehicle accident. The physician is also asked to give an opinion as to whether the condition would interfere with the individual’s safe operation of a motor vehicle. Medical evaluation forms are returned to the licensing agency for review and a licensing decision. Periodic follow-up medical evaluations may be required on the recommendation of the licensing agency.

Who makes decisions about whether drivers are medically qualified?

If an episode of loss of consciousness has not occurred within the last 12 months, then the licensing decision can be made by non-medical licensing agency personnel. If an episode has occurred within that time period, the case is referred to medical consultants who are employed by the licensing agency for a decision.

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

No. New York 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?

Loss of consciousness is defined as the condition of not being aware of one’s surroundings or of one’s existence and the ability to receive, interpret, or react to sensory impressions. Persons are fit for licensing if: they have not had an episode of loss of consciousness within the previous 12-month period, and their physicians submit a statement confirming such fact and stating that they are medically qualified to drive. Individuals who have had an episode within the last 12 months may be permitted to drive if their physician states (and the licensing agency’s medical consultants agree) either that the episode was due to a physician-directed change in medication, or that in his or her opinion, the condition will not interfere with the person’s safe operation of a motor vehicle.

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

An individual may request a hearing before an administrative law judge and must show cause why the suspension is incorrect and improper. If the department suspends a license as a result of a physician’s statement, the suspension remains in effect until the department receives an acceptable medical statement.

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

No, however, the department is currently exploring other options for those whose licenses are suspended or denied due to medical conditions.

Is an identification card available for non-drivers?

Yes, with proper identification.

Resources

Driver licensing in New York is administered by the State Department of Motor Vehicles.