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4. Use of control agents, such as antabuse or methadone by the person.
5. Physician or APNP treatment of the person for chemical abuse or dependency.
(b) The person’s driving record, including reports of any of the following:
1. Accidents involving chemical use.
2. Traffic convictions involving chemical use.
(c) Review board recommendations, if any.
(d) Information from other sources about the person’s physical and mental health, as affected by chemical use, and any medical problems that may interfere with the person’s reasonable and ordinary control over a motor vehicle.
(a) A conviction for operating while intoxicated in this section means being convicted of a violation of s. 346.63 (1) or (2), Stats., or a local ordinance in conformity therewith, or convictions under the law of another jurisdiction that is in substantial conformity with 49 CFR 383.51 (b) (2) (i) or (ii), or both, or that prohibits refusal of chemical testing or use of a motor vehicle while intoxicated or while under the influence of a controlled substance, or a combination thereof, or with an excess of a specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving as those or substantially similar terms are used in that jurisdiction, refusals under s. 343.305 (9), Stats., or revocations under s. 343.305 (10), Stats.
(b) No person may be issued, renew, or hold a school bus or passenger endorsement if a medical report, assessment or driving record for the person shows:
1. Any operating while intoxicated convictions within the past 2 years.
2. Two operating while intoxicated convictions within the past 3 years.
3. Three or more operating while intoxicated convictions within the past 5 years.
4. The person has evidenced any chemical abuse or dependency within the past year.
5. The person has evidenced any chemical abuse or dependency within the past 2 years, that is not controlled by treatment.
(bm) For purposes of determining eligibility for a passenger endorsement under par. (b) 1. to 3., the department shall not count violations committed prior to April 1, 1992.
(c) No person may hold any classification of operator’s license if the person is diagnosed as suffering from uncontrolled chemical abuse or dependency, as assessed by a physician, APNP or approved public treatment facility.
History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; am. (3) (b) 4., r. (3) (b) 5., Register, October, 1991, No. 430, eff. 11-1-91; emerg. cr. (3) (bm), eff. 2-20-92; cr. (3) (bm), Register, June, 1992, No. 438, eff. 7-1-92; r. (2) (b), renum. (2) (c) to (e) to be (2) (b) to (d); am. (3) (b) 4., cr. (3) (b) 5., Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (2) (a) 5. and (3) (c), Register June 2007 No. 618, eff. 7-1-07.
Trans 112.06Conditions affecting cardiovascular function.
(1)With respect to conditions affecting cardiovascular function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:
(a) Coronary artery disease, including myocardial infarction.
(b) Congestive heart disease.
(c) Valvular disease or replacement valves.
(d) Congenital heart disease.
(e) Cardiomyopathy.
(f) Pericardial disease.
(g) Myocarditis.
(h) Corpulmonale.
(i) Conduction difficulties.
(j) Arrhythmias.
(k) Aortic or arterial occlusion or aneurysm.
(L) Impairment of peripheral circulation.
(2)The department may require a person to provide information on the person’s functional ability including, but not limited to, the following:
(a) Hypertension.
(b) Orthostatic hypotension.
(c) Presence of pain and its frequency, location, duration and intensity.
(d) Syncope or presyncopal sensations.
(e) Procedures which correct a cardiovascular condition and which temporarily impair functional ability, including surgical procedures such as a coronary artery bypass graft.
(f) Pacemaker function.
(g) Implanted defibrillator function.
(h) Results of procedures such as an electrocardiogram, stress test with thallium scan, angiography, multigated acquisition scan, echocardiogram, or electrophysiologic studies.
(i) Cardiac drug use, including rhythm control drugs, antianginal agents, cardiac glycosides, antihypertensive medication and side effects of these medications.
(j) Cardiac transplantation.
(a) Licensing standards. No endorsement or license may be issued to, renewed by, or held by a person who does not meet the applicable medical review standards for conditions affecting cardiovascular function of this subsection.
(b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the following cardiovascular criteria:
1. The person shows no evidence of exercise-induced ischemia, arrhythmias or hypotension as evidenced by appropriate cardiac testing which has been prescribed and reviewed by a physician or APNP.
2. Any valvular disease is asymptomatic with no significant ventricular dysfunction.
4. There are no syncopal or presyncopal sensations.
5. There is no symptomatic angina pectoris.
6. There is no documented ventricular tachycardia, severe bradycardia, or high-grade heart block which is unable to be successfully treated.
7. Any cardiac incident, such as myocardial infarction, occurred more than 6 months preceding any application or renewal unless a cardiac specialist specifically recommends operation of a commercial vehicle and the person has fully recovered.
8. There is no evidence of congestive heart failure.
9. There is no automatic implantable cardioverter defibrillator.
(c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of operator’s license shall meet all of the following cardiovascular function criteria:
1. There are no current symptoms of coronary artery disease, such as unstable angina, dyspnea, or pain at rest, which interfere with safe driving, as assessed by a physician or APNP.
2. There is no cause of cardiac syncope present, including ventricular tachycardia or fibrillation, which is not successfully controlled.
3. There is no congestive heart failure that limits functional ability and is assessed by a physician or APNP as interfering with safe driving.
4. Any cardiac rhythm disturbances are successfully controlled.
5. There is no automatic implantable cardioverter defibrillator, unless the device is assessed by an electrophysiologist as not interfering with safe driving.
6. There is no valvular heart disease or malfunction of prosthetic valves that is assessed by a physician or APNP as interfering with safe driving.
History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; cr. (1) (L), (3) (b) 7., am. (3) (b) 1., r. (3) (b) 4., 5. 9., renum. (3) (b) 6. to 8. to be (3) (b) 4. to 6. and (3) (b) 10. and 11. to be (3) (b) 8. and 9., Register, June, 1996, No. 486, eff. 7-1-96; CR 04-117: r. (3) (b) 3. Register April 2005 No. 592, eff. 5-1-05; CR 06-099: am. (3) (b) 1. and (c) 1., 3. and 6., Register June 2007 No. 618, eff. 7-1-07.
Trans 112.07Conditions affecting cerebrovascular function.
(1)With respect to conditions affecting cerebrovascular function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:
(a) Cerebro-vascular accident or stroke.
(b) Transient ischemic attack or TIA.
(c) Carotid artery occlusion.
(d) Aneurysm.
(2)The department may require information on a person’s functional ability including, but not limited to, the following:
(a) Hypertension.
(b) Residual motor control effects, such as limb paralysis.
(c) Memory loss.
(d) Impaired reasoning and judgment.
(e) Disorientation.
(f) Visual disturbances.
(g) Altered consciousness.
(h) Compensatory mechanisms.
(i) Medication effects and side effects.
(j) Diagnostic procedures.
(a) Licensing standards. No endorsement or license may be issued to, renewed by, or held by a person who does not meet the applicable medical review standards for conditions affecting cerebrovascular function of this subsection.
(b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds a school bus or passenger endorsement shall meet all of the following cerebrovascular function criteria:
1. Physician or APNP certifies that the person is reliable in following the person’s prescribed treatment program.
2. Blood pressure reading shows a systolic pressure of 180 millimeters of mercury or less and a diastolic pressure of 105 millimeters of mercury or less, with or without medication.
3. Any cerebrovascular incident, such as a cerebrovascular accident or endarterectomy, occurred more than 6 months ago.
4. There are no current residual motor deficits that interfere with safe driving.
5. There is no impaired reasoning or judgment, as assessed by a physician or APNP.
(c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of operator’s license shall meet all of the following cerebrovascular function criteria:
1. There is no motor deficit preventing safe driving.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.