Senate File 50SENATE FILE BY DANIELSON Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act concerning suspension of a driver's license due to 2 temporary loss of consciousness or lack of voluntary control. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1811SS 82 5 dea/es/88 PAG LIN 1 1 Section 1. Section 321.210, subsection 2, Code 2007, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. e. The first instance of a licensee's 1 4 temporary loss of consciousness or lack of voluntary control 1 5 while operating a motor vehicle, if the person was under the 1 6 influence of a drug at the time the incident occurred and all 1 7 of the following apply: 1 8 (1) The drug was prescribed for the person and was taken 1 9 under the prescription and in accordance with the directions 1 10 of a medical practitioner as defined in chapter 155A, or the 1 11 drug was dispensed by a pharmacist without a prescription 1 12 pursuant to the rules of the board of pharmacy examiners, and 1 13 the medical practitioner or pharmacist had not directed the 1 14 person to refrain from operating a motor vehicle and there 1 15 were no labeling directions from the pharmacy advising against 1 16 motor vehicle operation. 1 17 (2) There is no evidence of the consumption of alcohol and 1 18 the person was not charged with a violation of section 321J.2 1 19 or 321J.2A in connection with the incident. 1 20 (3) The person submits to the department a medical report 1 21 from a physician licensed under chapter 148, 150, or 150A 1 22 certifying that the physician has performed a medical 1 23 examination of the person following the incident and concluded 1 24 that there is no likely medical explanation for the temporary 1 25 loss of consciousness or lack of voluntary control other than 1 26 the person's use of the drug as directed, and that the person 1 27 has been advised to discontinue use of the drug. 1 28 EXPLANATION 1 29 This bill requires the department of transportation to 1 30 refrain from suspending a person's driver's license due to 1 31 temporary loss of consciousness or lack of voluntary control 1 32 while operating a motor vehicle if the loss of consciousness 1 33 or lack of control was caused by the use of a prescribed drug 1 34 or a drug dispensed by a pharmacist, there is no evidence of 1 35 alcohol consumption, and the person was not charged with 2 1 operating while intoxicated. The bill specifies that the 2 2 person must have taken the drug as directed by a medical 2 3 practitioner or pharmacist and that there were no warnings 2 4 from the medical practitioner, pharmacist, or the drug's 2 5 labeling to abstain from operating a motor vehicle while 2 6 taking the drug. In addition, the person must submit a report 2 7 from a licensed physician certifying that a medical 2 8 examination of the person has demonstrated that there is no 2 9 likely medical explanation for the temporary loss of 2 10 consciousness or lack of voluntary control other than the use 2 11 of the drug as directed, and that the person has been advised 2 12 to discontinue use of the drug. 2 13 Currently, pursuant to administrative rules, the department 2 14 suspends a person's license following an incident involving 2 15 temporary loss of consciousness or lack of voluntary control 2 16 until the person is episode free for six months; however, the 2 17 suspension may be lifted if medication is prescribed that 2 18 prevents such episodes. There is no provision in the rules 2 19 for lifting the suspension requirement if discontinued use of 2 20 a prescribed medication will prevent the temporary loss of 2 21 consciousness or lack of voluntary control. 2 22 LSB 1811SS 82 2 23 dea:nh/es/88