Driver License Laws By State
Are applicants for a driver's license asked questions about diabetes?
No. The driver's license application (first time and renewal) asks the applicant whether he or she has, within the last two years, suffered from or are under the care of a doctor for loss of consciousness, muscular control, epilepsy, seizures or a "seizure disorder." Wyoming Department of Transportation, "Wyoming Driver License/Identification Card Application," Form FSDL-705 (Rev. 07/2013). Applicants who answer "Yes" to this question may need to submit to a medical evaluation. 045-030-001 Wyo. Code R. § 4(c) (2013) (applicant giving affirmative answer to any medical questions or listing any physical or mental disabilities may be required to submit 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, the courts, physicians, family members and hospitals. The licensing agency will refuse to issue or renew a license if a person's treating physician or optometrist makes a written statement that the person is not capable of safely operating a vehicle. Wyo. Stat. § 31-7-108(b)(viii) (2013). The licensing agency does not accept anonymous referrals, and does not investigate any referrals prior to contacting a driver to undergo a reexamination. Drivers may also be required to have a medical evaluation if they have impairments which are observed by licensing agency personnel during the licensing process, Wyo. Stat. § 31-7-108(b)(v) (2013), if they have been involved in a crash resulting in a fatality, or if they apply for handicapped parking privileges. 045-030-001 Wyo. Code R. § 31(c) (2013) (handicapped parking application may result in a medical review).
What is the process for medical evaluations of drivers?
When a medical evaluation is required, a form is given to the individual, which must be completed by his or her physician. The form asks the physician to describe the patient's condition, diagnosis, and symptoms. If the patient has epilepsy, seizures, or a "seizure disorder," the physician must indicate any loss of consciousness or physical control, and the date of the last episode. Wyoming Department of Transportation, "Driver Medical Evaluation," Form FSDI-915 (Rev. 08/2011). It also asks whether or not the driver has diabetes, and if so, whether the driver uses insulin. A separate section asks whether the driver's condition is treated with medication, and if so, whether it has been medically controlled and/or stable for the past three months. The form also asks whether the physician must give his or her professional opinion as to whether the individual can safely operate a motor vehicle, and can recommend further testing by a specialist or restrictions that should be placed on the license. The doctor can also recommend that the driver be reevaluated each year. Wyoming Department of Transportation, "Driver Medical Evaluation," Form FSDI-915 (Rev. 08/2011). Medical evaluation forms are returned to the licensing agency for review and a licensing decision. Wyo. Stat. § 31-7-123 (2013) (authorizing licensing agency to cancel a driver's license if a licensed physician makes a written statement that the person is not capable of safely operating a motor vehicle).
Who makes decisions about whether drivers are medically qualified?
The licensing agency makes all licensing decisions related to medical conditions. Wyo. Stat. § 31-7-123 (2013); 045-030-001 Wyo. Code R. § 16(a)(i)(E) (2013) (agency may suspend license for physically unqualified person for any official reason). Wyoming's Driver Services program conducts re-examinations of individuals. The program is administered by non-medical staff who make licensing decisions based on the medical evaluation submitted by the applicant's doctor, written testing, and driving skills testing. Written medical statements from a qualified medical professional that the driver is not safe to drive may lead to an immediate cancellation or suspension of a driver's license. 045-030-001 Wyo. Code R. § 16(a)(ii) (2013). Wyoming does not have a medical advisory board.
What are the circumstances under which a driver may be required to undergo a medical evaluation and what is the process?
An applicant giving affirmative answer to any medical questions or listing any physical or mental disabilities may be required to submit to reexamination. 045-030-001 Wyo. Code R. § 4(c) (2013). The licensing agency will require a medical evaluation if a person's treating physician or optometrist makes a written statement that the person is not capable of safely operating a vehicle and requesting a reexamination. Wyo. Stat. § 31-7-108(b)(viii) (2013). This includes a statement indicating that the driver has a disorder resulting in loss, interruption or lapse of consciousness. 045-030-001 Wyo. Code R. § 16(a)(iv) (2013). Drivers may also be required to have a medical evaluation if they have impairments which are observed by licensing agency personnel during the licensing process, Wyo. Stat. § 31-7-108(b)(v) (2013). Doctors can restrict applicants with medical conditions that may deteriorate or exacerbate over the next year, called a Z Restriction. A driver with a Z restriction must ask their doctor to fill out and submit the licensing agency's medical evaluation, every year. Wyoming Department of Transportation, "Wyoming Rules of the Road," July 2011, p. 7; 045-030-001 Wyo. Code R. § 3(b)(xxi)(C) (2013) (restrictions on licenses include "Annual Medical-Z").
Has the state adopted specific policies about whether people with diabetes are allowed to drive?
No. Wyoming has not adopted specific medical guidelines related to diabetes, except for its standards for episodes of loss of consciousness. (See below). However, physicians must fill in specific information about diabetes, including insulin use, on the official medical evaluation form. Wyoming Department of Transportation, "Driver Medical Evaluation," Form FSDI-915 (Rev. 08/2011).
What is the state's policy about episodes of altered consciousness or loss of consciousness that may be due to diabetes?
If the licensing agency receives a medical statement from a qualified medical professional that the person is afflicted with a disorder resulting in a loss, interruption, or lapse of consciousness or motor function, the agency will cancel that person's license. 045-030-001 Wyo. Code R. § 16(a)(iv) (2013). In order to restore his or her license, the driver must submit a written statement from a qualified doctor. The physician must state that 1) no loss of consciousness or motor function has occurred because of the condition within the last year, or 2) the affliction no longer exists, or 3) the affliction has been medically controlled for at least 3 months. 045-030-001 Wyo. Code R. § 16(a)(iv) (2013). The applicant must pass re-examination and a skills test before re-issuance. 045-030-001 Wyo. Code R. § 4(c) (2013). Individuals who are subject to episodes may be required to submit a medical evaluation form annually.
What is the process for appealing a decision of the state regarding a driver's license?
An applicant may request, in writing, a contested case hearing before an independent hearing examiner within 20 days of the date the Department has given notice of intent to suspend, revoke, cancel, disqualify, or deny a license. 045-030-001 Wyo. Code R. § 19(a)-(b) (2013). The applicant must pay the required fee. 045-030-001 Wyo. Code R. § 19(a) (2013). When the contested case or hearing is granted, the decision will be stayed and the driver will retain his or her license. 045-030-001 Wyo. Code R. § 19(d) (2013). A person may appeal the hearing decision to the Office of Administrative Hearings within 20 days. 045-030-001 Wyo. Code R. § 22 (2013). An order from a hearing examiner may be appealed to the district court within 30 days after the hearing decision. Wyo. Stat. § 31-7-105(c) (2013).
May an individual whose license is suspended or denied because of diabetes receive a probationary or restricted license?
No. However, the licensing agency may, for good cause, impose "any other restrictions upon the licensee the division determines to be necessary and reasonably likely to assure the safe driving of the motor vehicle by the licensee." Wyo. Stat. § 31-7-117(a) (2013). The license agency may issue a restricted license to any person whose license has been suspended or revoked. Wyo. Stat. § 31-7-117(a) (2013).
Is an identification card available for non-drivers?
Yes, with proper identification and payment of a fee. Wyo. Stat. § 31-7-111(g) (2013); 045-030-001 Wyo. Code R. § 4 (2013) (setting forth standards for obtaining an identification card).
Driver licensing in Wyoming is administered by the state Department of Transportation.
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