24.374.13 99th Legislative Session 60
Introduced by: The Chair of the Committee on Transportation at the request of the Department of Public Safety
An Act to update references to certain regulations regarding medical qualifications for certain commercial drivers.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 32-12A-24 be AMENDED:
32-12A-24.
No person under
the age of eighteen may receive an endorsement on a commercial driver
license to drive a school bus. Any school bus endorsed driver
operating with an intrastate restriction shall meet all
requirements of
physical qualifications as required under
49 C.F.R. Part 391,
Subpart E,
as of January 1,
2015, in the area of physical qualifications
2024.
Section 2. That § 32-12A-24.1 be REPEALED:
Any person with
insulin-treated diabetes mellitus, who is otherwise medically
qualified under the physical examination standards of the federal
motor carrier safety regulations, as provided by § 32-12A-24,
may request a waiver for this condition from the department. If an
applicant for an intrastate school bus endorsement meets the
requirements as specified in subdivisions (1) to (7), inclusive, of
this section, the department shall grant a waiver. The department
shall notify each applicant and each affected school district or
private contractor of its determination of eligibility for each
application for a waiver. An applicant shall:
(1) Provide evidence,
signed by a physician, physician assistant, or certified nurse
practitioner that the applicant has no other disqualifying conditions
including diabetes-related complications;
(2) Provide evidence,
signed by a physician, physician assistant, or certified nurse
practitioner that the applicant has had no recurrent severe
hypoglycemic episodes resulting in a loss of consciousness or any
severe hypoglycemic episode within the past five years;
(3) Provide evidence,
signed by a physician, physician assistant, or certified nurse
practitioner that the applicant has had no recurrent severe
hypoglycemic episodes requiring the assistance of another person
within the past five years;
(4) Provide evidence,
signed by a physician, physician assistant, or certified nurse
practitioner that the applicant has had no recurrent severe
hypoglycemic episodes resulting in impaired cognitive functioning
that occurred without warning symptoms within the past five years;
(5) Document that the
applicant has been examined by a board-certified or board-eligible
physician, a physician assistant, or a certified nurse practitioner
who has conducted a complete medical examination. The complete
medical examination shall consist of a comprehensive evaluation of
the applicant's medical history and current status with a report
including the following information:
(a) The date insulin use
began;
(b) Diabetes diagnosis
and disease history;
(c) Hospitalization
records, if any;
(d) Consultation notes
for diagnostic examinations;
(e) Special studies
pertaining to the diabetes;
(f) Follow-up reports;
(g) Reports of any severe
hypoglycemic episode within the last five years;
(h) Two measures of
glycosylated hemoglobin, the first ninety days before the last and
current measure;
(i) Insulin dosages and
types, diet utilized for control and any significant factors such as
smoking, alcohol use, and any other medications or drugs taken; and
(j) Examinations to
detect any peripheral neuropathy or circulatory insufficiency of the
extremities;
(6) Submit a signed
statement from an endocrinologist indicating the following medical
determinations:
(a) The endocrinologist
is familiar with the applicant's medical history for the past five
years, either through actual treatment over that time or through
consultation with a physician who has treated the applicant through
that time;
(b) The applicant has
been educated in diabetes and its management, thoroughly informed of
and understands the procedures that must be followed to monitor and
manage the applicant's diabetes and the procedures to be followed if
complications arise; and
(c) The applicant has the
ability and has demonstrated the willingness to properly monitor and
manage the applicant's diabetes; and
(7) Submit a separate
signed statement from an ophthalmologist or optometrist that the
applicant has been examined and does not have diabetic retinopathy
and meets the vision standards in 49 C.F.R. 391.41 (b)(10), as of
January 1, 2015, or has been issued a valid medical exemption. If the
applicant has any evidence of diabetic retinopathy, the applicant
shall be examined by an ophthalmologist and submit a signed statement
from the ophthalmologist that the applicant does not have unstable
advancing disease of blood vessels in the retina, known as unstable
proliferative diabetic retinopathy.
Each school bus driver
that is granted a waiver for insulin-treated diabetes mellitus issued
by the department shall maintain the waiver in the driver's
possession at all times. Any school bus driver that is granted the
waiver and has a severe hypoglycemic episode forfeits the waiver and
may not reapply for five years.
The department shall
promulgate rules, pursuant to chapter 1-26,
necessary for the determination of eligibility and issuance of a
waiver to persons with insulin-treated diabetes mellitus in
accordance with the provisions of this section.
A waiver granted under
this section may be issued for a maximum of two years. The driver may
reapply for renewal of the waiver every two years.
Section 3. That § 32-12A-24.2 be REPEALED:
Any person who holds a
waiver pursuant to § 32-12A-24.1
shall, after one year of holding the waiver, undergo a physical
examination and submit to the employer a signed statement from a
physician, physician assistant, or certified nurse practitioner that
the person has completed a physical examination.
Section 4. That § 32-12A-24.3 be REPEALED:
No person who holds a
waiver pursuant to § 32-12A-24.1
may operate a school bus with students present unless the person
checks his or her blood glucose level no more than thirty minutes
before operating the bus. If the person operates a bus for a
continuous duration that exceeds eighty-nine minutes, the person
shall check his or her blood glucose level each hour and record the
information. The person shall submit the information to the employer
each day.
Underscores indicate new language.
Overstrikes
indicate deleted language.