Text: HF02232 Text: HF02234 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 321.449, subsection 5, Code Supplement
1 2 2003, is amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. d. (1) Notwithstanding any provision of
1 4 this section or rules adopted under this section concerning
1 5 physical and medical qualifications for drivers, an insulin-
1 6 dependent diabetic may qualify for purposes of operating a
1 7 commercial vehicle engaged in intrastate commerce under this
1 8 section if a person identified by federal or state law as
1 9 authorized to perform physical examinations annually provides
1 10 a signed statement indicating that based upon an annual
1 11 physical examination the individual is physically able to
1 12 perform the required functions despite insulin dependency.
1 13 The insulin-dependent diabetic shall not qualify to operate a
1 14 commercial vehicle if, at minimum, the individual results of a
1 15 glycosylated hemoglobin test indicate values less than 6.0
1 16 percent or greater than 9.5 percent on other than an
1 17 incidental basis and not as a result of failure to control
1 18 glucose levels. The statement shall also indicate that within
1 19 the past three years the insulin-dependent diabetic has
1 20 completed instruction to address diabetes management and
1 21 driving safety, signs and symptoms of hypoglycemia and
1 22 hyperglycemia, and what procedures must be followed if
1 23 complications arise.
1 24 (2) A person that employs or otherwise secures the
1 25 services of a commercial vehicle driver who is an insulin-
1 26 dependent diabetic shall monitor the driver to determine that
1 27 the driver is in compliance with all of the following:
1 28 (a) Self-monitoring blood glucose and demonstrating
1 29 conformance with requirements, more than one hundred
1 30 milligrams per deciliter and less than three hundred
1 31 milligrams per deciliter, within one hour before operating a
1 32 commercial vehicle and approximately every four hours while on
1 33 duty using a United States food and drug administration-
1 34 approved device.
1 35 (b) Reporting immediately to the employer or person who
2 1 secures the services of the driver any failure to comply with
2 2 specific glucose level requirements as listed in subparagraph
2 3 subdivision (a) or loss of consciousness or control.
2 4 (c) Carrying a source of readily absorbable, fast-acting
2 5 glucose while on duty.
2 6 (d) Maintaining a daily log of all glucose test results
2 7 for the previous six-month period and providing copies to the
2 8 employer or person who secures the services of the driver, the
2 9 examining physician, and the department upon request.
2 10 (e) Submitting all required department forms within the
2 11 prescribed timelines.
2 12 EXPLANATION
2 13 This bill amends Code section 321.449, which provides for
2 14 the regulation of motor carriers by the state department of
2 15 transportation consistent with federal motor carrier safety
2 16 regulations. Under federal regulations, a person who has an
2 17 established medical history or clinical diagnosis of diabetes
2 18 mellitus currently requiring insulin for control is
2 19 disqualified from operating a commercial motor vehicle. Iowa
2 20 law makes an exception for drivers engaged in intrastate
2 21 commerce whose medical condition existed prior to July 29,
2 22 1996.
2 23 The bill establishes a monitoring system which allows
2 24 certain insulin-dependent diabetic drivers who are not covered
2 25 by the existing exception to continue to qualify to operate a
2 26 commercial vehicle intrastate. The new system mirrors the
2 27 system that currently applies to insulin-dependent school bus
2 28 drivers in Iowa. Under the new system, a commercial vehicle
2 29 driver is required to undergo an annual physical examination
2 30 to certify that the driver is physically able to perform the
2 31 required functions despite insulin dependency. If results of
2 32 a glycosylated hemoglobin test indicate values less than 6.0
2 33 percent or greater than 9.5 percent on other than an
2 34 incidental basis and not as a result of failure to control
2 35 glucose levels, the individual shall not qualify to operate a
3 1 commercial vehicle. The driver must also indicate by a signed
3 2 statement that the driver has completed a course of
3 3 instruction within the last three years to address diabetes
3 4 management and driving safety, including signs and symptoms of
3 5 hypoglycemia and hyperglycemia and procedures to follow if
3 6 complications arise.
3 7 The driver is required to perform self-monitoring of blood
3 8 glucose and demonstrate conformance with required levels of
3 9 more than 100 milligrams and less than 300 milligrams per
3 10 deciliter within one hour before operating a commercial
3 11 vehicle and every four hours while on duty. The driver must
3 12 report immediately to the employer or person securing the
3 13 driver's services any loss of consciousness or failure to
3 14 comply with glucose level requirements. The driver is
3 15 required to carry a source of readily absorbable, fast-acting
3 16 glucose while on duty and maintain a daily log of all glucose
3 17 test results for the previous six-month period. Copies of the
3 18 log must be provided to the employer, examining physician, and
3 19 the department of transportation upon request. Finally, the
3 20 driver must make timely submission of all forms required by
3 21 the department. A person who employs or otherwise secures the
3 22 services of an insulin-dependent commercial vehicle driver is
3 23 responsible for monitoring the driver to determine that the
3 24 driver is in compliance with the self-monitoring and self-
3 25 reporting requirements.
3 26 A violation of Code section 321.449 is a simple misdemeanor
3 27 punishable by a scheduled fine of $25.
3 28 LSB 6079HH 80
3 29 dea/gg/14
Text: HF02232 Text: HF02234 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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