Every state regulates driver's license eligibility of persons with certain medical conditions. The most common requirement for people with epilepsy is that they be seizure free for a specific period of time and submit a physician's evaluation of their ability to drive safely. Another common requirement is the periodic submission of medical reports, in some states for a specified period of time and in others for as long as the person remains licensed.
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| Law | Kansas |
|---|---|
| DMV Appeal of License Denial | Yes |
| Doctors to Report Epilepsy | No |
| Periodic Medical Updates Required After Licensing | Annually, until 3 years seizure-free |
| Seizure-Free Period | 6 months with exceptions |
The division shall not issue a driver's license to any person who has been adjudged to have a seizure disorder unless the disorder is controlled. KAN. STAT. ANN. § 8-237(e) (2020) (deferring to KAN. STAT. ANN. § 8-247 (2020)). Controlled seizure disorders are not considered a disability unless the medical advisory board finds that the applicant's condition is such that the applicant is likely to be a danger to themselves or others. KAN. STAT. ANN. § 8-247(e)(6) (2020). Division regulations specify that a person seeking to obtain or renew a driver's license must present a doctor's certification that they have not suffered a seizure while in the waking state during the preceding six months. KAN. STAT. ANN. § 8-247(e)(6) (2020).
According to the Kansas Division of Vehicles, an exception to this rule may be made with a verification from a licensed physician of one of the following: the individual has only nocturnal seizures, the seizure(s) resulted from a doctor-supervised tapering or weaning of antiseizure medication, with immediate reinstatement of the medication; the seizure was very minor, such as a tingling in the hand, or the seizures manifest themselves in odd sensations that do not interfere with attention; or the seizure resulted from acute illness or injury. In these cases, the individual’s license may be reinstated early upon the advice of the Medical Advisory Board.
If the person already has driving privileges and has such an episode, the division may issue a restricted license suitable as appropriate. KAN. STAT. ANN. §§ 8-245, 8-247(e)(6) (2020). Licensed drivers with seizure disorders are required to submit annual medical reports until they have been seizure-free for three years.
Physicians and other persons who in good faith report any information concerning the mental or physical condition of a license applicant are immune from civil suit for damages as a result of such a report. KAN. STAT. ANN. §§ 8-247(e)(6) (2020). However, physicians may not be required to volunteer information to the division or to the medical advisory board concerning the mental or physical condition of any patient. KAN. STAT. ANN. § 8-255(b) (2020).
Any person whose license has been suspended, revoked or who has been denied license renewal may request an administrative hearing within thirty days to appeal the decision. KAN. STAT. ANN. §§ 8-247(e)(6), 8-255(d) (2020). The individual has ten days to appeal the Division's final decision to a district court. KAN. STAT. ANN. § 8-259 (2020).
The Driver Review procedures for licensing persons to drive trucks in intrastate commerce are the same as for personal vehicles. Persons driving in interstate commerce must also meet Federal regulations or obtain appropriate waivers. KAN. STAT. ANN § 8-2,126.
Any person may apply for an I.D. card from the Division of Vehicles. The application and renewal fee is $14.00. Persons sixty-five and over and those with disabilities within the statutory definition need pay only $10.00. KAN. STAT. ANN § 8-1324(g).
There are no statutory or regulatory provisions requiring physicians to report to the Division of Motor Vehicles patients who have been treated for or diagnosed as having epilepsy.
© 2020 Epilepsy Foundation. All rights reserved. This summary was developed for informational purposes by the Epilepsy Foundation and reflects a review of data available as of August 2020. Information is subject to change. This summary is not a substitute for legal advice. For further information, please consult your state Department of Motor Vehicles.
The mission of the Epilepsy Foundation is to lead the fight to overcome the challenges of living with epilepsy and to accelerate therapies to stop seizures, find cures, and save lives.
