Section 140IAC7-3-6.5. Physical examination requirements

  5. (a) Every CDL holder must obtain and have in the person's possession a medical examiner's certification that the CDL holder is qualified to operate a CMV either interstate or intrastate.

  (b) The medical examination shall be performed by a licensed medical examiner pursuant to 49 CFR 391, Subpart E*.

  (c) For intrastate operation, the medical examiner may recommend the issuance of an intrastate CDL subject to the following restrictions:

(1) Diabetes: for persons with diabetes mellitus requiring insulin treatment, the medical examiner may recommend restrictions consistent with the requirements of IC 8-2.1-24-18. The Medical Examination Report must indicate that the applicant's diabetic condition is controlled such that the applicant is not likely to lose consciousness or any loss of ability to properly control a CMV.

(2) Neurological conditions: for persons with medical history or clinical diagnosis of epilepsy, seizure disorder, or other neurological condition, the medical examiner shall state his or her opinion whether such conditions disqualify a driver from unrestricted interstate operation pursuant to 49 CFR 391.43*. If they do, the medical examiner may consider whether under specific restrictions the driver may be qualified for intrastate operation of a CMV. The medical examiner may find the driver qualified for intrastate operation subject to medical restrictions only if the examiner recommends that under the specified restrictions the condition is not likely to cause loss of consciousness or any loss of ability to control a commercial motor vehicle. In addition, the driver must be seizure/epilepsy free for at least one (1) year from the last occurrence before intrastate certification is considered. In that event, the medical examiner shall specify such medical restrictions on the physical examination form accompanying the intrastate certification, or on an attached separate sheet of paper. If the driver is disqualified from interstate operation and the medical examiner does not recommend specific restrictions that may permit qualification for intrastate operation, the examination report will be construed as a recommendation that the driver is not qualified to operate CMVs.

(3) Notwithstanding the provisions set forth in subdivision (1) or (2), the medical examiner shall not certify a driver who fails to meet any of the other standards set forth in 49 CFR 391.43*, except that a physician may certify and recommend that the bureau qualify such a person for intrastate operation under specific medical restrictions or instructions.

  (d) The expiration date for the Medical Examination Report and the Medical Examiner's Certificate must be not more than twenty-four (24) months from the date of the report and certification in the case an applicant who is medicially qualified for an interstate CDL, and not more than twelve (12) months from the date of the report and certification in the case of an applicant who is medically qualified for an intrastate CDL. The expiration date may be an earlier date than the expiration of the twelve (12) or twenty-four (24) month periods if, in the medical examiner's opinion, the interests of public highway safety or the health of the driver requires an earlier follow-up examination.

  (e) The driver shall submit a copy of the Medical Examination Report and Medical Examiner's Certificate to the bureau and upon its expiration shall submit a new Medical Examination Report and Medical Examiner's Certificate. The bureau shall disqualify a driver who does not maintain on file a current valid Medical Examination Report and Medical Examiner's Certificate, except that the bureau may, in its discretion, allow one (1) period of not more than thirty (30) days after a valid Medical Examination Report and Medical Examiner's Certificate has expired before issuing such disqualification.

  (f) A person who does not meet the requirements of 49 CFR 391* or of this section shall be disqualified from operating a CMV. In determining whether a person meets those requirements, the bureau may require the person to provide any additional information or documentation that the bureau reasonably deems necessary to make such a determination. In making such determination, the bureau may also request and consider the advisory opinion of the Indiana driver's license medical advisory board, the Federal Motor Carrier Safety Administration's regulations, instructions to medical examiners, conference reports on commercial driving and medical conditions, and any other relevant medical reference sources and advice.

  (g) The bureau shall not issue a passenger endorsement, a school bus endorsement, or a hazardous materials endorsement to a person with an intrastate restricted CDL.

  *These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Bureau of Motor Vehicles, Indiana Government Center North, Fourth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Bureau of Motor Vehicles; 140 IAC 7-3-6.5; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA)