Mississippi
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.
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| Law | Mississippi |
|---|---|
| DMV Appeal of License Denial | Yes |
| Doctors to Report Epilepsy | No |
| Periodic Medical Updates Required After Licensing | At discretion of Medical Advisory Board |
| Seizure-Free Period | 6 months |
Mississippi Driver Licensing Laws
To be considered for a license in Mississippi, a person with epilepsy must present a doctor's certification that they have been seizure-free for six months. There are no exceptions to the six month seizure-free requirement. Applicants are asked about any medical conditions on the application. 31-000-001 MISS. CODE R. § 9.4(2)(e) (2020).
If a physician reports that a driver is physically or mentally unsafe to drive, their license may temporarily be suspended immediately pending a department hearing and/or medical evaluation. 31-000-001 MISS. CODE R. § 9.4(2)(b) (2020). The Driver Services Hearing Board shall review the case and schedule a hearing within ten days of the date the medical form is received or from the Medical Review Board if a medical review is needed. 31-000-001 MISS. CODE R. § 9.4(2)(b) (2020). When a suspension is upheld for medical reasons, the individual must wait sixty days from the date of decision for another review. 31-000-001 MISS. CODE R. § 9.4(2)(f) (2020). The hearing must be granted within twenty days of request. MISS. CODE ANN. § 63-1-53 (2020). An applicant who has been denied a license may appeal the decision by filing a petition in county court. The petition must be filed within sixty days. MISS. CODE ANN. § 63-1-31 (2020).
Commercial Driving
An individual who has been seizure-free for six months may be issued a commercial drivers' license for driving within Mississippi. Individuals meeting the seizure-free criteria may drive vehicles transporting passengers.
Mississippi Identification Card
Any person who has attained the age of six years may obtain an identification card. Miss. Code Ann. § 45-35-3. The card is valid for 4 or 8 years (option of the applicant) and fee is $11 or $22 respectively. MISS. CODE ANN. §§ 45-35-7, 63-1-43 (2020).
Mississippi Reporting
There is no statutory provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency. A certifying physician has no explicit immunity from damages arising out of an accident caused by a seizure.
© 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.