Maryland

People with epilepsy are required to report their epilepsy and seizures to the Maryland Motor Vehicle Administration (MVA). MD. CODE REGS.11.17.03.02-1(A)(3) (2020).The MVA refers their license applications to the Medical Advisory Board (MAB) for review, which can require a physician’s report, and if the MAB renders a decision that the individual’s condition impairs their driving ability, the individual may schedule to appear before a physician on the MAB, and will be given opportunity to present additional information on their own behalf. MD. CODE REGS.11.17.03.03(A)-(B) (2020). A person must be seizure free for 90 days or more to have a license renewed or issued. MD. CODE REGS.11.17.04.04(E)(2)(a) (2020). The licensee may be required to file periodic medical reports for review by the MAB. MD. CODE REGS.11.17.03.04B(4) (2020). Restricted licenses may be issued to persons with medical conditions provided the individual has been deemed medically qualified and the individual is otherwise legally eligible. MD. CODE ANN., TRANSP. § 16-113 (2020). A civil or criminal action may not be brought against any person who makes a report to the MAB and who does not violate any confidential or privileged relationship conferred by law. MD. CODE ANN., TRANSP. § 16-119(E) (2020).

An individual whose driver's license or driving privilege has been suspended or refused because of epilepsy may request that the period of suspension or refusal be withdrawn or modified by submitting evidence of favorable modifiers acceptable to the Medical Advisory Board. MD. CODE REGS. 11.17.03.04(E)(2)(b) (2020). The Board shall consider favorable and unfavorable modifiers in determining whether to recommend that the suspension or refusal period be withdrawn or modified to more or less than 90 days. MD. CODE REGS. 11.17.03.04(E)(2)(c) (2020).

Favorable modifiers include: (i) Seizures during medically directed medication changes; (ii) Simple partial seizures that do not interfere with consciousness or motor control; (iii) Seizures with consistent and prolonged auras; (iv) Established pattern of pure nocturnal seizures; and (v) Favorable driving record. MD. CODE REGS. 11.17.03.04(E)(2)(e)(i)-(v) (2020).

Unfavorable modifiers include: (i) Noncompliance with medication or medical visits; (ii) Alcohol or drug abuse in the past 3 months; (iii) Unfavorable driving record; (iv) Structural brain lesion; (v) Placement of a vagal nerve stimulator to control seizure activity; and (vi) Seizure control requiring three or more medications. MD. CODE REGS. 11.17.03.04 (E)(2)(f)(i)-(vi) (2020).

Persons who receive notice of suspension or denial of a license may request an Administrative Hearing in writing within fifteen days of the date the notice was mailed to the licensee and the hearing shall be held within thirty days of the request. MD. CODE ANN., TRANSP. §12-203(b)(1)-(2) (2020). The hearing decision will be rendered by an Administrative Law Judge of the Office of Administrative Hearings and, if appealed, must be appealed to the Circuit Court for the county of the licensee's residence. MD. CODE ANN., TRANSP. § 12-209(A)(3) (2020). MVA shall grant a stay of its decision when an appeal is filed unless it appears that continued driving privileges could result in substantial and immediate harm to the licensee or others. The stay may not last longer than 120 days. MD. CODE ANN., TRANSP. §12-209(C) (2020). 

Commercial Driving

Maryland has adopted, with amendments and exceptions, the federal Department of Transportation's medical standards for purposes of licensing individuals to drive commercial vehicles intrastate. However, individuals who have an established medical history or clinical diagnosis of epilepsy or any other condition likely to cause loss of consciousness may not drive a commercial motor vehicle in interstate commerce. MD. CODE REGS. 11.17.04.04 (2020). Persons with epilepsy are disqualified from driving school buses. MD. CODE REGS. 11.19.05.01(E) (2020).

A non-driver may obtain an identification card from the Motor Vehicle Administration upon submitting acceptable identification and paying a fee of $15 for a new identification card and $20 for a duplicate. MD. CODE REGS. 11.11.05.03 (2020). ID cards are renewable every five years. Applicants who are 65 or more years old, are legally blind, have permanently lost the use of a leg or an arm, are permanently disabled (cannot move without the aid of crutches or a wheelchair), or have a physical or mental impairment that substantially limits a “major life activity” as defined in the federal Americans with Disabilities Act., may be issued an ID card at no cost. MD. CODE ANN., TRANSP. § 12-301 (2020).

While Maryland law does not provide for the mandatory reporting by a physician of a person who has been treated for epilepsy, it does provide for the discretionary reporting to the Motor Vehicle Administration of persons who have “disorders characterized by lapses of consciousness.” MD. CODE ANN., Transportation § 16-119 (2020).

© 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.