Section 1030.16 Physical and Mental Evaluation

Section 1030

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1030 ISSUANCE OF LICENSES

SECTION 1030.16 PHYSICAL AND MENTAL EVALUATION

Section 1030.16  Physical and

Mental Evaluation

a)         The Department shall require a driver to submit a medical

report from a competent medical specialist when:

1)         The driver answers in the affirmative to any question on the

driver's license application regarding physical or mental health pursuant to

IVC Section 6-109 or otherwise makes a self-admission.

2)         The Department receives written comments and/or

recommendations based upon firsthand knowledge or pursuant to an official

investigation that brings into question a driver's physical or mental ability

to safely operate a motor vehicle.  The comments and/or recommendations are

confidential and must be submitted on official letterhead or a form designed by

the Department and signed by an authorized source.

3)         The Department receives an Adjudication of Disability court

order in which where the court appointed a guardian to manage the financial

affairs or the estate of the person.

4)         The driver is renewing a driver's license that, at the time of

issuance, required the driver to submit a medical report, except as provided in

subsection (l).

5)         The Department receives a mandatory law enforcement report or

message, based on first-hand knowledge or pursuant to an official

investigation, that brings into question a driver's physical or mental ability

to safely operate a motor vehicle.

6)         A driver, cited under Section 1030.15, is involved in a motor

vehicle crash during a road exam.

7)         The Department receives a Request for Driver Review for

submitted by an immediate family member of a driver that contains sufficient

information that indicates the driver has a physical, mental, vision, or

behavioral condition that is likely to cause a loss of consciousness or may

impair the driver's ability to safely operate a motor vehicle

motor

vehicle crash during a road exam.

7)         The Department receives a Request for Driver Review for

submitted by an immediate family member of a driver that contains sufficient

information that indicates the driver has a physical, mental, vision, or

behavioral condition that is likely to cause a loss of consciousness or may

impair the driver's ability to safely operate a motor vehicle.

For purposes

of this Section, "immediate family member" means spouse, parent,

grandparent, sibling, or child.

[625 ILCS 5/6-911]

b)         The Department shall cancel or medically deny driving

privileges upon receipt of an Adjudication of Disability order in which a court

of competent jurisdiction appointed a plenary guardian to make responsible

decisions concerning the care of the person or of both the person and his/her

financial affairs or estate or appointed a limited guardian and made a finding

that the disabled person could not retain their driver's license pursuant to

Section 11a-3 of the Probate Act of 1975 [755 ILCS 5], or the Department

receives an order finding the driver unfit to stand trial.

1)         The notice of cancellation shall be mailed to the

court-appointed guardian and the driver.

2)         The cancellation order shall remain in effect until the Department

receives an order by a court of competent jurisdiction terminating the

adjudication of disability entered pursuant to Section 11a-20 of the Probate

Act of 1975 [755 ILCS 5] or the driver is found fit to stand trial.

3)         After receipt of an order of restoration, the Department shall

request a favorable medical report. Upon receipt of a favorable medical report,

the cancellation order shall be terminated and the person may reapply for

driving privileges as outlined in IVC Section 6-106

ntered pursuant to Section 11a-20 of the Probate

Act of 1975 [755 ILCS 5] or the driver is found fit to stand trial.

3)         After receipt of an order of restoration, the Department shall

request a favorable medical report. Upon receipt of a favorable medical report,

the cancellation order shall be terminated and the person may reapply for

driving privileges as outlined in IVC Section 6-106.

c)         The Department shall cancel or medically deny a driver

pursuant to IVC Sections 6-103(8) and 6-201(a)(5), if one or more of the

authorized sources submits a mandatory law enforcement report or a signed,

written notification on official letterhead to the Department that, based upon

firsthand knowledge or pursuant to an official investigation, the person was

the driver of a motor vehicle involved in any type of accident or incident

resulting from a seizure, an attack of unconsciousness or a blackout.

1)         Following a cancellation or denial of driving privileges, the

driver must submit a medical report to be forwarded to the Board and abide by

all subsequent requests by either the Department or the Board, if any, for

further information and/or clarification prior to being eligible to reapply.

2)         Any medical reports and/or other information concurrently or

subsequently received by the Department shall be referred along with the entire

case to the Board for determination as to the driver's ability to safely

operate a motor vehicle as outlined in subsection (j)

the Department or the Board, if any, for

further information and/or clarification prior to being eligible to reapply.

2)         Any medical reports and/or other information concurrently or

subsequently received by the Department shall be referred along with the entire

case to the Board for determination as to the driver's ability to safely

operate a motor vehicle as outlined in subsection (j).

d)         The Department is authorized to cancel, pursuant to IVC Section

6-201(a)(8), any driver's license or permit upon determining that a driver

failed to report to the Secretary of State, within 10 days after the driver

became aware of the condition, as required by IVC Section 6-116.5, the

existence of a medical condition that is likely to cause loss of consciousness

(i.e., inability of the driver to sustain consciousness throughout the entire

interval in which he/she intends to drive) or loss of ability to safely operate

a motor vehicle.  If a driver's license is canceled and a favorable medical

report is subsequently received, the cancellation shall be rescinded.

e)         When a driver is required to submit a medical report or

clarification on a questionable medical report pursuant to subsections (a)(2),

(3), (5), and (7), the Department shall furnish the appropriate form to the

driver to be completed by a competent medical specialist.  The driver must

resubmit the completed medical report or requested information to the

Department within 20 days.

1)         If a medical report is not received by the Department within

20 days, the driver's license shall be canceled or the driver medically denied

driving privileges.

2)         If a driver's license is canceled and a preliminary favorable medical

report or favorable medical report is subsequently received, the cancellation

shall be rescinded, provided an unfavorable medical report is not received

If a medical report is not received by the Department within

20 days, the driver's license shall be canceled or the driver medically denied

driving privileges.

2)         If a driver's license is canceled and a preliminary favorable medical

report or favorable medical report is subsequently received, the cancellation

shall be rescinded, provided an unfavorable medical report is not received.

f)         If a driver fails to submit a medical report pursuant to

subsection (a)(4), the Department shall cancel or medically deny driving

privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5).  If the

Department subsequently receives a preliminary favorable medical report or

favorable report, the cancellation shall be rescinded, provided an unfavorable

medical report is not received.

g)         Except as provided in subsection (k), if, pursuant to

subsection (a), the Department receives a favorable medical report, the

Department shall authorize the issuance or renewal of driving privileges,

unless the driver is otherwise ineligible.

h)         If, pursuant to subsection (a), the Department receives an

unfavorable medical report, the Department shall cancel or medically deny the

driving privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5).

i)          Except as provided in subsection (k), if, pursuant to

subsection (a), the Department receives a preliminary favorable medical report,

the Department shall authorize the issuance or renewal of driving privileges,

unless the driver is otherwise ineligible.  The Department shall then make a

further determination as to the type of information and/or clarification that

is needed to finish processing the report.

1)         If the report is incomplete or not current, a request shall be

made to the driver to obtain the necessary information required to process the

report

nce or renewal of driving privileges,

unless the driver is otherwise ineligible.  The Department shall then make a

further determination as to the type of information and/or clarification that

is needed to finish processing the report.

1)         If the report is incomplete or not current, a request shall be

made to the driver to obtain the necessary information required to process the

report.

A)        If the Department requests additional information from the

driver, and the Department does not receive this information within 45 days

after the written request, the Department shall cancel or medically deny the

renewal of the driving privileges pursuant to IVC Sections 6-103 and 6-201.

B)        If a cancellation order is entered based upon an incomplete

medical report or one that is not current, and information is received to make

the medical report favorable or preliminarily favorable, a rescind order shall

be entered, provided an unfavorable medical report is not received.

2)         If the report is questionable, the Department may forward the

medical report to the Board for determination as to the driver's ability to

safely operate a motor vehicle as outlined in subsection (j).

j)          If the Department receives a report from a competent medical

specialist indicating the driver failed to abide by any of the terms of the

medical agreement, the Department shall:

1)         cancel or medically deny the

driving

privileges

if the medical report does not contain a professional opinion

that the driver can safely operate a motor vehicle,

and

may, pursuant to subsection (k),

forward the entire case to the Board

for determination as to the driver's ability to safely operate a motor vehicle;

and

2)         forward the entire case to the Board for determination as to

the driver's ability to operate a motor vehicle, if the medical report or

medical statement contains a professional opinion that the driver can safely

operate a motor vehicle; and

3)         cancel or medically deny driving privil

he Board

for determination as to the driver's ability to safely operate a motor vehicle;

and

2)         forward the entire case to the Board for determination as to

the driver's ability to operate a motor vehicle, if the medical report or

medical statement contains a professional opinion that the driver can safely

operate a motor vehicle; and

3)         cancel or medically deny driving privileges if the medical

report or medical statement contains a professional opinion that the driver

cannot safely operate a motor vehicle; the entire file shall be considered an

unfavorable medical report as outlined in subsection (g).

k)         The Department shall forward a driver's case to the Board

when:

1)         the driver was medically denied or canceled based upon the

Board's last recommendation;

2)         the Board has requested to review intermittent reports;

3)         a different competent medical specialist submits a favorable

medical report contradictory to an unfavorable medical report on file that was

used as the basis to deny or cancel driving privileges;

4)         the Department receives a request from a driver who wishes to

have all medical reports on file with the Department reviewed by the Board;

5)         the Department receives a request from a driver who wishes to

appeal a Type B, C, D, E, F, G, J01 or any other medical restriction that has

been added to a driver's license or permit pursuant to Section 1030.92; or

6)         the driver, after a cite, was involved in a motor vehicle

crash during a road exam.

l)          When a case is referred by the Department to the Board for

review, the case shall be initially reviewed in the following manner:

1)         The Department shall assign the case to an individual Board

member based upon the member's specialty or field of expertise.  The Department

shall serve as a correspondent for the collection and distribution of all

medical reports and/or other information between the driver and the Board

Department to the Board for

review, the case shall be initially reviewed in the following manner:

1)         The Department shall assign the case to an individual Board

member based upon the member's specialty or field of expertise.  The Department

shall serve as a correspondent for the collection and distribution of all

medical reports and/or other information between the driver and the Board.

2)         Upon receipt of the case from the Department, the individual

Board member shall review the entire file and prepare an informal determination

regarding the driver's medical ability to safely operate a motor vehicle for

submission to the Chairperson.

A)        The Board member shall consider the driver's past driving

record as evidenced by the driving abstract, medical reports, and any other

medical or other information deemed to have probative value by the Board member

regarding the driver's medical case.

B)        The Board member shall consider any medications and/or

rehabilitative devices currently being used or available to the driver.

C)        The Board member shall use the medical criteria listed in

Section 1030.18 when reviewing the driver's medical condition.

3)         When reviewing a medical case, the Board member may require

the driver to submit to further medical examinations and/or a driving

assessment conducted by a driver rehabilitation specialist and to agree to make

the results of these examinations/assessments available to the Board member for

use in rendering an informal determination.

A)        The driver shall be solely responsible for the selection,

scheduling and expenses related to any additional examinations/assessments that

may be required.

B)        While the Board member may designate the type of physician,

medical specialist or driver rehabilitation specialist from whom the driver

needs further examination/assessment, the Board member shall not recommend a

particular physician, medical specialist or driver rehabilitation specialist

scheduling and expenses related to any additional examinations/assessments that

may be required.

B)        While the Board member may designate the type of physician,

medical specialist or driver rehabilitation specialist from whom the driver

needs further examination/assessment, the Board member shall not recommend a

particular physician, medical specialist or driver rehabilitation specialist.

C)        The driver shall have up to 45 days from the date of the

Department's written request to submit additional reports.

D)        The driver's license of any driver who refuses to submit to

additional examinations as requested, or refuses to make these reports

available to the Board member, shall be canceled or medically denied until the

driver complies with the Board member's request and the Board member is able to

render an informal determination to the Chairperson pursuant to IVC Sections

6-103 and 6-201.

4)         The informal determination shall include the medical condition

of the driver and the limitations associated with the condition that could

reasonably impair a driver's ability to safely operate a motor vehicle; the

scope of driving privilege, if any; and the reasons for the Board member's

decision.

5)         All stages of the informal determination process shall be made

as soon as possible, given the individual Board member's and Chairperson's

caseload and the complexity of the case.

6)         The name of the Board member rendering the informal

determination shall not be disclosed.

m)        Upon receipt of the informal determination from the Board

member, the Chairperson shall make a formal determination to the Department

regarding the driver's medical fitness to safely operate a motor vehicle and

the scope of licensure, if any, including the use of mechanical devices and/or

other conditions for driving

ember rendering the informal

determination shall not be disclosed.

m)        Upon receipt of the informal determination from the Board

member, the Chairperson shall make a formal determination to the Department

regarding the driver's medical fitness to safely operate a motor vehicle and

the scope of licensure, if any, including the use of mechanical devices and/or

other conditions for driving.

1)         The formal determination by the Chairperson shall include the

existence of the medical condition and/or limitation that may impair the

driver's ability to safely operate a motor vehicle.

2)         The formal determination shall also be based upon the Findings

of Fact and opinion of the individual Board member, including, but not limited

to, medical evaluations, reports submitted by medical specialists, including

driver rehabilitation specialists, medications taken by the driver, the driving

record, and other scientifically recognized information commonly accepted in

the medical profession.

3)         The formal determination shall also indicate the scope of

driving privileges that would enable the driver to safely operate a motor

vehicle, including the extent to which compensatory aids and devices must be

used and may require the person to complete any rehabilitation or training

recommended by the rehabilitation specialist.

4)         In the event driving privileges are restricted or denied, the

formal determination shall also state the reasoning for the restriction or

denial in accordance with the medical criteria stated in Section 1030.18.

5)         The Chairperson shall have the authority to confer with the

Board member who rendered the determination, in the event the Chairperson needs

to confirm or clarify any portion of the Board member's informal determination.

n)         Upon receipt of the formal determination, the Department shall

take the appropriate action, in accordance with the recommendation of the

Chairperson, on behalf of the Board

irperson shall have the authority to confer with the

Board member who rendered the determination, in the event the Chairperson needs

to confirm or clarify any portion of the Board member's informal determination.

n)         Upon receipt of the formal determination, the Department shall

take the appropriate action, in accordance with the recommendation of the

Chairperson, on behalf of the Board.

1)         If the Department receives a recommendation from the Board

that in its professional opinion the driver is not medically fit to safely

operate a motor vehicle, the Department shall enter an order canceling or

medically denying driving privileges pursuant to IVC Sections 6-103 and 6-201.

2)         If the Department receives a recommendation from the Board

that in its professional opinion the driver is medically fit to safely operate

a motor vehicle, the Department shall rescind or terminate any medically

related cancellation or cancellation entered pursuant to Section 1030.15(e).

o)         If a driver wants to contest a restriction, cancellation or

denial of driving privileges, the Department must receive a written request

from the driver for a panel review of the medical case within 30 days after the

action taken by the Department.  Panel review of the driver's medical case

shall be made by a panel of three Board members selected by the Chairperson

based upon the Board member's specialty or field of expertise.  The Board

member who rendered the formal determination shall participate in the panel

review process.  The following procedure shall apply to the medical case under

panel review:

1)         The Department shall notify the driver immediately and confirm

the driver's request for panel review within seven working days after receipt

of the written request.

2)         The driver has 45 days from the date of the notice to submit

all additional medical reports to the Department for consideration by the

panel

owing procedure shall apply to the medical case under

panel review:

1)         The Department shall notify the driver immediately and confirm

the driver's request for panel review within seven working days after receipt

of the written request.

2)         The driver has 45 days from the date of the notice to submit

all additional medical reports to the Department for consideration by the

panel.

3)         The driver may furnish additional medical reports and/or

statements for review by the panel.  The document must be returned to the

Department at the address indicated on the confirmation notice.

4)         The Department, at the direction of the Chairperson, shall

prepare and forward the medical case to the panel upon receipt of the documents

from the driver, or a written statement from the driver indicating the decision

not to submit additional reports and to proceed with the review, or at the

expiration of 45 days, whichever occurs first.

5)         Each panel member shall consider the contents of the file that

was used to make the formal determination, including additional medical reports

submitted by the driver and any new entries listed on the driver's driving

record.  The panel shall use the same medical criteria and procedure that apply

when reviewing an individual case, including the authority to request

additional medical examinations as found in subsection (l)(3).  The panel shall

only consider evidence in written form.  No oral testimony shall be allowed

during this type of review.

6)         The formal determination under panel review shall be made as

soon as reasonably possible given the Board members' and Chairperson's

caseload, and the complexity of the case.  Panel review cases shall be given

priority.

7)         Upon completion of the panel review, the informal

determination of each panel review member shall be forwarded to the

Chairperson.  The informal determination shall contain the same elements as

outlined in subsection (l)(4)

s

soon as reasonably possible given the Board members' and Chairperson's

caseload, and the complexity of the case.  Panel review cases shall be given

priority.

7)         Upon completion of the panel review, the informal

determination of each panel review member shall be forwarded to the

Chairperson.  The informal determination shall contain the same elements as

outlined in subsection (l)(4).

8)         Any restriction of driving privileges, cancellation or medical

denial shall remain in effect until the Department notifies the driver in

writing.

p)         Upon receipt of each of the panel members' determinations, the

Chairperson shall make a formal recommendation to the Department regarding the

driver's ability to safely operate a motor vehicle and the scope of any

licensure, including the use of mechanical devices and/or other conditions for

driving.

1)         The recommendation of the Chairperson shall be based upon the

majority ruling of the members' informal determinations.

2)         The Chairperson shall have the authority to confer with the

members of the panel to confirm, clarify and formulate the recommendation to

the Department.

3)         The Chairperson's recommendation shall contain the same

elements as outlined in subsections (l)(1) through (4).

q)         The Department shall follow the recommendation of the

Chairperson based upon the determination rendered by the panel.

1)         If the Department receives a formal recommendation from the

Chairperson to uphold the decision of the individual Board member who first

reviewed the case, the action taken by the Department shall remain in effect.

2)         If the Department receives a formal determination from the

Chairperson to amend the original determination of the Board member who first

reviewed the case, the Department shall follow the determination of the panel,

including the recommendation of the granting of full or limited driving

privileges or complete cancellation or denial of driving privileges

tment shall remain in effect.

2)         If the Department receives a formal determination from the

Chairperson to amend the original determination of the Board member who first

reviewed the case, the Department shall follow the determination of the panel,

including the recommendation of the granting of full or limited driving

privileges or complete cancellation or denial of driving privileges.

3)         The driver shall be notified immediately in writing by the

Department of the panel's formal determination regarding his/her driving

privileges.  The driver shall also be notified in writing of his/her right to

request a medical hearing.

r)          A driver who wants to contest the cancellation or medical

denial of driving privileges for medical reasons shall be entitled to a hearing

in accordance with 92 Ill. Adm. Code 1001.Subparts A and E, and IVC Section

2-118.

s)         Unless a competent medical specialist has submitted a medical

report indicating the physical or mental condition or disability no longer

exists, the Department shall require the driver to submit a medical report at

each driver's license renewal.

1)         The Department shall notify the driver at least 30 days prior

to the expiration of his/her driver's license.

2)         Notification shall be in writing and mailed to the driver's

last known address as indicated on the Department's driving record.  The notice

shall state that the driver must submit a medical report when renewing a

driver's license.

t)          The Department shall require a driver to appear at a Driver

Services Facility to receive a corrected driver's license if a competent

medical specialist or the Board recommends a driver's license restriction

pursuant to Section 1030.92.

1)         The Department shall immediately provide written notification

to the driver at the last known address indicated on the Department's driving

record

The Department shall require a driver to appear at a Driver

Services Facility to receive a corrected driver's license if a competent

medical specialist or the Board recommends a driver's license restriction

pursuant to Section 1030.92.

1)         The Department shall immediately provide written notification

to the driver at the last known address indicated on the Department's driving

record.  The notice shall state that failure to comply within 20 days after the

request will result in the cancellation of the person's driver's license

pursuant to IVC Section 6-201.5.

2)         The Department shall mail a medical restriction card to the

driver describing the restrictions on the driver's license.

3)         The driver must abide by the restrictions contained on the

card.

4)         The driver, upon receipt of the medical restriction card from

the Department, shall carry the medical card with his/her driver's license when

operating a motor vehicle.

5)         If a driver's license is canceled for failing to comply with a

written request from the Department, and the driver subsequently complies with

all requests of the Department, the cancellation shall be rescinded or

terminated.

u)         The Department shall require periodic medical reports between

renewals, if recommended by a competent medical specialist or the Board.

v)         The Chairperson is authorized to appoint a designee to

complete any of the duties required to be performed by the Chairperson as

prescribed by this Section.