Skip Navigation

Administrative Rules Home Administrative Rules

DAR File No. 32202

This filing was published in the 01/01/2009, issue, Vol. 2009, No. 1, of the Utah State Bulletin.

Public Safety, Driver License

R708-7-10

Use of the Functional Ability Profile

NOTICE OF PROPOSED RULE

DAR File No.: 32202
Filed: 12/09/2008, 02:54
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The division has changed their post office (PO) box to a state PO box. The actual PO box number and zip code need to be changed in the rule.

Summary of the rule or change:

This amendment changes the mailing address.

State statutory or constitutional authorization for this rule:

Sections 53-3-224, 53-3-303, and 53-3-304, and 49 CFR 391.43

Anticipated cost or savings to:

the state budget:

No cost incurred to the state budget due to change in PO box only.

local governments:

No cost incurred to local government due to change in PO box only.

small businesses and persons other than businesses:

No cost incurred to small businesses due to change in PO box only.

Compliance costs for affected persons:

There is no compliance cost because it is a mailing address change only.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact due to changing the PO box and zip code only. Scott T. Duncan, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY UT 84119-5595

Direct questions regarding this rule to:

Marge Dalton at the above address, by phone at 801-865-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/02/2009

This rule may become effective on:

02/10/2009

Authorized by:

Nannette Rolfe, Director

RULE TEXT

R708. Public Safety, Driver License.

R708-7. Functional Ability in Driving: Guidelines for Physicians.

R708-7-10. Use of the Functional Ability Profile.

(1) Health care professionals who evaluate their patients' health status for purposes of the patient obtaining a Utah driver license, shall report functional ability profiles on forms provided by the division.

(2) In assessing patient health and completing these report forms, health care professionals shall apply the standards and related information contained in the following lists, charts, and tables, which standards and guidelines are adopted and incorporated within this rule by reference, and are referred to in a booklet entitled, "Functional Ability in Driving: Guidelines And Standards for Health Care Professionals", (November 2006 ed.). Specific categories are:

(a) "Category A" - diabetes and other metabolic conditions; narrative listing and table;

(b) "Category B" - cardiovascular; narrative listing and table;

(c) "Category C" - pulmonary; narrative listing and table;

(d) "Category D" - neurologic; narrative listing and table;

(e) "Category E" - epilepsy and other episodic conditions; narrative listing and table;

(f) "Category F" - learning, memory and communications; narrative listing and table;

(g) "Category G" - psychiatric or emotional conditions; narrative listing and table;

(h) "Category H" - alcohol and other drugs; narrative listing and table;

(i) "Category I" - visual acuity; narrative listing and table;

(j) "Category J" - musculoskeletal abnormality or chronic medical debility; narrative listing and table;

(k) "Category K" - alertness or sleep disorders; narrative listing and table; and

(L) "Category L" - hearing and balance; narrative listing and table.

(3) Copies of these guidelines are printed in a booklet and distributed by the division. These booklets may be obtained at no cost for health care professionals or $5 per booklet for all other individuals. Copies may be obtained in person or by written request to the Driver License Division Medical Section at P.O. Box [30560]144501, Salt Lake City, Utah [84130-0560]84114-4501.

(4) Report forms completed by a health care professional and received by the division are to be used as a screening tool in assessing an individual's ability to safely operate a motor vehicle.

(a) Some profile levels as identified in the "Functional Ability in Driving: Guidelines And Standards for Health Care Professionals", may result in the division requesting an individual to complete a driving skills test in order to demonstrate the ability to safely operate a motor vehicle before determining whether the individual will maintain the privilege to drive. In some cases when a privilege to drive is granted, driving restrictions may be required in order to ensure public safety.

(b) A health care professional may also request that the division evaluate an individual's driving skill level at the health care professional's discretion.

(5) The division shall notify an individual that their privilege to drive is denied upon receipt of the following:

(a) a medical report that is completed in the categories A, B, C, D, E, F, G, H, J, K, or L, that is profiled at a level "8" in accordance with the "Functional Ability in Driving: Guidelines And Standards for Health Care Professionals", or other documentation which indicates that the health care professional recommends that the individual does not drive; or

(b) a medical report that is completed in the category I that is profiled at a level "10" in accordance with the "Functional Ability in Driving: Guidelines And Standards for Health Care Professionals", or other documentation which indicates that the health care professional recommends that the individual does not drive.

(6) Upon receipt of a notice of denial of the privilege to drive, an individual may request a review of the division's decision by a panel of board members. All of the actions of the director and board are subject to judicial review.

 

KEY: administrative procedures, health care professionals, physicians

Date of Enactment or Last Substantive Amendment: [April 23, 2007]2009

Notice of Continuation: March 13, 2007

Authorizing, and Implemented or Interpreted Law: 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43

 

 

ADDITIONAL INFORMATION

Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Marge Dalton at the above address, by phone at 801-865-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.

Last modified:  12/30/2008 12:22 PM