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FMCSA Reviewing Seizure Policy

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The Federal Motor Carrier Safety Administration is reviewing the agency’s current seizure medical policy with an eye toward possibly eliminating a requirement that truck drivers with the condition request a special exemption from the agency.

In an update at an April 28 meeting of the agency’s medical review board, Christine Hydock, chief of FMCSA’s medical programs division, said the agency soon will begin a review of the literature related to seizure recurrence for commercial motor vehicle drivers who have experienced one or more incidents.

In addition, FMCSA will contract outside research this fall on the condition that currently disqualifies a driver, but allows the driver to seek an exemption with the agency. However, obtaining an exemption can be exhausting and result in drivers waiting months for approval to get behind the wheel.

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The pool of drivers with the condition is small, Hydock said. Currently, about 300 drivers have been granted exemptions, she said.

The agency’s goal is to send a report to the medical review board in September 2021 for the board to consider any recommendations for an update to the policy, Hydock said.

“While the research is being conducted, the exemption program stays in place,” Hydock told the board. “Once it is finalized, we’ll make the determination whether or not the information supports moving forward, and how we would update the standard.”

Larry Minor, FMCSA’s associate administrator for policy, said the agency is considering eliminating the exemption requirement for drivers with a history of seizures, much like it did for drivers with diabetes in February 2019. The diabetes policy now allows a certified medical examiner to make the final decision whether a driver with the condition is issued a medical card.

The current seizure standard requires an analysis of the driver’s history, the medication a driver has used or is using and a look at his or her driving history for the past three years.

Minor said the agency will further study the topic so FMCSA can determine if it’s possible to “go forward with a rulemaking at some point in the future so we can update the seizure standard and get out of the seizure exemption program.”

“Is it possible that there’s better data out there that lets us make a determination for a shorter time frame to ensure that the drivers are safe,” Minor added.

In addition to the literature review and research, the agency plans to:

  • Review state driving regulations or criteria relating to seizure disorders for intrastate CMV drivers in the U.S., including granting intrastate waivers.
  • Review CMV regulatory and medical advisory criteria related to seizures in other countries similar to the U.S.
  • Conduct interviews with up to nine board-certified neurologists seeking specialized expertise on seizures.

In a 2017 meeting, the medical board declined to alter the seizure policy after discussing a 2007 study that outlined the pitfalls of ensuring that drivers with a history of seizures are qualified to drive.

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Source: https://www.ttnews.com/articles/fmcsa-reviewing-seizure-policy

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