House File 2255 - Introduced



                                       HOUSE FILE       
                                       BY  DE BOEF, RAYHONS, DOLECHECK,
                                           and GRANZOW


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to insulin=dependent motor vehicle operators that
  2    provide passenger service to elderly persons and providing
  3    penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5669YH 82
  6 md/nh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  321.188A  PASSENGER SERVICE FOR
  1  2 ELDERLY PERSONS == INSULIN=DEPENDENT DIABETICS.
  1  3    1.  An insulin=dependent diabetic individual holding a
  1  4 commercial driver's license or a class D driver's license may,
  1  5 except as provided in subsection 2, operate a motor vehicle to
  1  6 provide passenger service for elderly persons if all of the
  1  7 following conditions are satisfied:
  1  8    a.  A person identified by federal or state law as
  1  9 authorized to perform physical examinations annually provides
  1 10 a signed statement to the individual's employer indicating
  1 11 that based upon an annual physical examination the individual
  1 12 is physically able to perform all required functions despite
  1 13 insulin dependency.
  1 14    (1)  The insulin=dependent diabetic individual shall not
  1 15 qualify to provide passenger service for elderly persons if,
  1 16 at minimum, the individual results of a glycosylated
  1 17 hemoglobin test indicate values less than six percent or
  1 18 greater than nine and one=half percent on other than an
  1 19 incidental basis and not as a result of failure to control
  1 20 glucose levels.
  1 21    (2)  The signed statement shall also indicate that within
  1 22 the past three years the insulin=dependent diabetic individual
  1 23 has completed instruction to address diabetes management and
  1 24 driving safety, signs and symptoms of hypoglycemia and
  1 25 hyperglycemia, and what procedures must be followed if
  1 26 complications arise.
  1 27    b.  The driver's employer monitors the insulin=dependent
  1 28 diabetic individual to determine that they are in compliance
  1 29 with all of the following provisions:
  1 30    (1)  Self=monitoring blood glucose and demonstrating
  1 31 conformance with requirements, more than one hundred
  1 32 milligrams per deciliter and less than three hundred
  1 33 milligrams per deciliter, within one hour before operating a
  1 34 motor vehicle used to transport elderly persons and
  1 35 approximately every four hours while on duty using a device
  2  1 approved by the United States food and drug administration.
  2  2    (2)  Reporting immediately to the employer any failure to
  2  3 comply with specific glucose level requirements as listed in
  2  4 subparagraph (1) or loss of consciousness or control.
  2  5    (3)  Carrying a source of readily absorbable, fast=acting
  2  6 glucose while on duty.
  2  7    (4)  Maintaining a daily log of all glucose test results
  2  8 for the previous six=month period and providing copies to the
  2  9 employer, the examining physician described in subsection 1,
  2 10 paragraph "a", and the department upon request.
  2 11    c.  An individual's employer provides confirmation to the
  2 12 department on an annual basis, on a form proscribed by the
  2 13 department, that the requirements of this subsection are
  2 14 satisfied.
  2 15    2.  An insulin=dependent diabetic individual shall not
  2 16 operate a motor vehicle to provide passenger service to
  2 17 elderly persons if any of the following occur:
  2 18    a.  Results of a glycosylated hemoglobin test indicate
  2 19 values less than six percent or greater than nine and one=half
  2 20 percent unless accompanied by the required medical opinion
  2 21 that the event was incidental and not an indication of failure
  2 22 to control glucose levels.
  2 23    b.  Results of self=monitoring indicate glucose levels less
  2 24 than one hundred milligrams per deciliter or greater than
  2 25 three hundred milligrams per deciliter, until self=monitoring
  2 26 indicates compliance with specifications.
  2 27    c.  A loss of consciousness or control relating to
  2 28 diabetes.
  2 29    d.  A failure to maintain or falsifying the required
  2 30 reports.
  2 31    3.  A violation of this section is grounds for revocation,
  2 32 cancellation, or suspension of the individual's commercial
  2 33 driver's license or class D driver's license.
  2 34    4.  This section shall not apply to an insulin=dependent
  2 35 diabetic individual who is self=employed or is an independent
  3  1 contractor to provide passenger service for elderly persons.
  3  2    5.  The department shall adopt rules pursuant to chapter
  3  3 17A to administer this section.
  3  4                           EXPLANATION
  3  5    This bill allows an insulin=dependent diabetic individual
  3  6 holding a commercial driver's license or a class D driver's
  3  7 license to operate a motor vehicle to provide passenger
  3  8 service for elderly persons if certain requirements are met.
  3  9 The requirements are similar to the requirements for
  3 10 insulin=dependent school bus drivers under Code section
  3 11 321.375.
  3 12    The bill requires an annual physical examination to ensure
  3 13 that the individual is able to perform all required functions
  3 14 despite insulin dependency.  The bill also requires the
  3 15 individual's employer to monitor the individual to ensure that
  3 16 the individual is self=monitoring blood glucose, reporting any
  3 17 failure to comply with glucose level requirements or loss of
  3 18 consciousness or control, carrying a source of fast=acting
  3 19 glucose while on duty, and maintaining a daily log of glucose
  3 20 test results.  The individual's employer is required to
  3 21 annually submit a form to the department of transportation
  3 22 certifying compliance with the requirements of the bill.
  3 23    The bill specifies certain circumstances under which the
  3 24 individual is not permitted to provide passenger service to
  3 25 elderly persons.  The bill also provides that a violation of
  3 26 the bill constitutes grounds for revocation, cancellation, or
  3 27 suspension of the individual's commercial driver's license or
  3 28 class D driver's license.
  3 29    The bill does not apply to an insulin=dependent diabetic
  3 30 individual who is self=employed or is an independent
  3 31 contractor to provide passenger service for elderly persons.
  3 32 LSB 5669YH 82
  3 33 md/nh/8