State Driving Laws Database

Driver Information By State

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.

Select the state you want to find information about, or if you are moving and would like to compare two states' driving laws side by side? Choose the two states below to compare.

LawTexas
DMV Appeal of License DenialYes
Doctors to Report EpilepsyNo
Periodic Medical Updates Required After Licensing At discretion of Medical Advisory Board
Seizure-Free Period3 months, with exceptions

Texas Driver Licensing Laws

According to guidance issued by the Texas Medical Advisory Board, operation of personal automobiles in class C (with a “P” restriction) is dependent upon the following conditions: (1) the applicant is currently under a physician's care to assess control by anticonvulsant medication, drug side effects, seizure recurrence, and any neurological or medical changes in condition; (2) there is no evidence of clinical seizures (including partial seizures) in a 3 month driving restriction period prior to medical review; (3) the applicant’s doctor provides specific recommendations regarding the applicant’s reliability in taking medications, avoiding sleep deprivation and fatigue, and avoiding alcohol abuse; (4) if an applicant has a well-controlled seizure disorder on medications proven by time, and then has a seizure when his physician makes a medication change, he should be allowed to drive when returned to his previous medication regimen.  See, the Quick Guide via Texas Neurological Society and [TEX. TRANSP. CODE ANN. § 521.221(d)(1)(A)].

The Medical Advisory Board reviews the medical information submitted by the applicant. Doctors who make recommendations to the Medical Advisory Board may not be held liable for their opinions and recommendations [TEX. HEALTH & SAFETY CODE ANN. §§ 12.096, 12.098]. A person whose driver's license is suspended or revoked may request a hearing within 15 days of the decision [TEX. TRANSP. CODE ANN. § 521.298].  Please allow up to 120 days for the hearing to be scheduled.  Requests made after the required 15 days will be denied.  If the suspension or revocation is upheld by the presiding officer, then the person may appeal the decision within 30 days in the county court wherein that person resides. [§ 521.308(b)].  The records of individuals whose license is suspended or revoked for medical reasons is not distinguished from those persons who lose their license due to driving violations.

Commercial Driving

A history of recurrent seizures, epileptic, or convulsive attacks prevents operation of cargo transport, passenger transport and emergency vehicles in classes A, B and C.  For a class A or B license, or to have the restriction removed from a class C license, an applicant must be seizure free while off anti-seizure medication for a period of 5 years.

Texas has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles interstate. Persons with epilepsy may not obtain a waiver. [§522.081].

Texas Identification Card

Any person may obtain a personal identification card through the Department of Public Safety for a $16.00 fee. The fee is $6.00 for people over 60 years old.

Texas Reporting

There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency.

© 2014 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 2014. 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.

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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.

 
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