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