Where Denial of Commercial Driver License Based on Medical Disqualification Not Permitted — Suspension
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No person shall be denied issuance or renewal of a commercial driver license nor be deemed medically unqualified to operate a motor vehicle based on the failure to meet motor carrier safety regulations adopted pursuant to § 65-15-111 relative to:
Distant visual acuity, if the person has only one (1) eye but the distant visual acuity in the eye meets the requirements of 49 CFR § 391.41(b)(10);
A medical history or clinical diagnosis of diabetes mellitus currently requiring insulin, but whose medical history indicates that the insulin controls the diabetes to the extent that the condition is not likely to cause any loss of ability to control a motor vehicle;
Classification as an American Heart Association functional Class I or II heart patient, according to the American Heart Association functional classification system; or
Implantation of an automated implantable cardiac defibrillator due to:
A sudden death event; provided, that the person submits to the department a certified statement from a physician duly licensed to practice medicine that the defibrillator has not fired within the six-month period prior to the date of the statement; or
A prophylactic reason;
if the driver satisfies all other applicable state and federal requirements for the issuance of a commercial driver license, and the conditions of subsection (b) are met.
In addition to the requirements of subsection (a), the following conditions shall also be met:
The driver shall operate a commercial motor vehicle only in intrastate commerce in this state; and
The driver shall not transport hazardous materials required to be placarded under applicable federal law except as provided by 49 CFR § 391.41(b) nor operate a common carrier motor vehicle for the transporting of passengers for hire.
Any driver who, after issuance of a commercial driver license under this section, fails to meet the conditions imposed by this section, shall be subject to the suspension provisions of § 55-50-405. The commissioner may suspend for life the commercial driver license of any driver found to have committed a serious traffic violation or reportable accident related to the driver's medical condition as provided in this section.
This section shall not be valid if enforcement of this section would result in the loss of or the disqualification for federal funding for any state agency or program.