3301-83-07 School bus driver physical qualifications rule.

(A) A person who meets the physical qualifications set forth in this rule as certified by a proper medical authority may be authorized to operate a school bus, as defined by division (F) of section 4511.01 of the Revised Code, for the purpose of transporting pupils.

(B) One or more of the following will be appointed annually by all school bus owners to conduct the examinations in compliance with this rule:

(1) A person licensed under Chapter 4731. of the Revised Code or by another state to practice medicine and surgery or osteopathic medicine and surgery;

(2) Physician assistant;

(3) Certified nurse practitioner;

(4) Clinical nurse specialist; or

(5) Certified nurse-midwife.

(C) Physical examination time schedule.

(1) School bus driver medical examinations will be scheduled after May first and must be accomplished before drivers will be qualified to operate a school bus with passengers on board for the next school year.

(2) Persons employed as new drivers before January first must meet the physical qualifications as defined in paragraph (E) of this rule prior to operating a school bus with passengers on board and be re-examined if re-employed as a school bus driver for the next school year.

(3) Persons employed as new drivers on or after January first must be examined prior to operating a school bus with passengers on board and the examination will remain valid throughout the following school year. Re-examination will be required if the driver is to be employed as a school bus driver for the second complete school year.

(D) A person may be certified by the appointed examiner as physically qualified to operate a school bus if the person:

(1) Has no loss of a foot, a leg, a hand, or an arm. Upon request to the department of education, a driver applicant missing a foot, leg, hand, or arm, may request a performance evaluation to be conducted by the Ohio pre-service program instructor(s) to determine the person’s ability to control and safely operate a school bus and satisfactorily perform other related duties.

(2) Has no impairment of the use of a foot, a leg, a hand, fingers, or an arm, and no other structural defect or limitation which is likely to interfere with a person’s ability to control and safely operate a school bus.

(3) Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control.

The Ohio department of education may grant waivers to insulin using-individuals under the following conditions:

(a) The individual possesses a currently valid operator’s driver license.

(b) The individual has had a driving record for a three-year period immediately preceding the date of application for a waiver which:

(i) Contains no suspensions or revocations of their drivers’ licenses of the operation of any motor vehicle, including their personal vehicle except for suspensions or revocations due to nonpayment of fines;

(ii) Contains no involvement in a reportable accident for which a citation for a moving traffic violation; and

(iii) Contains no involvement in more than one serious traffic violation as defined in divisions (D)(D)(1) to (D)(D)(7) of section 4506.01 of the Revised Code.

(c) The individual has provided a licensed endocrinologist with a complete medical history including, but not limited to, the date insulin use began, all hospitalization reports, consultation notes for diagnostic examinations, special studies pertaining to the diabetes, and follow-up reports and reports of any hypoglycemic insulin reactions within the last three years;

(d) The individual has been examined by a licensed endocrinologist and a complete medical evaluation concerning their medical history and current status has been made, including, at a minimum:

(i) Fasting blood studies (glucose, glycostylated hemoglobin/HB A1c, including lab reference range) and urinalysis performed during the last six months; and

(ii) A detailed report of insulin dosages and types, diet utilized for control and any significant factors such as smoking, alcohol use, and other medications or drugs taken.

(e) The individual submits a signed statement prepared by the examining endocrinologist whose license status is indicated. The signed statement must include separate declarations indicating the following medical determinations:

(i) The endocrinologist is familiar with the applicant’s medical history for the past three years either through actual treatment over that time or through consultation with a physician who has treated the applicant during that time;

(ii) The applicant has been using insulin to control his/her diabetes on the date of the application.

(iii) The applicant does not have severe hypoglycemia or episodes of altered consciousness requiring the assistance of another person to regain control;

(iv) The applicant does not have hypoglycemia unawareness or the inability to recognize the early symptoms of hypoglycemia such as sweating, anxiety, forceful heartbeat and light-headedness;

(v) Within the past three years, the applicant has not had a hypoglycemic reaction, at any time, that resulted in any change in mental status that would have been, in the endocrinologist’s opinion, detrimental to safe driving;

(vi) The applicant’s diabetic condition will not adversely affect his/her ability to operate a CMV or a school bus;

(vii) The applicant has been educated in diabetes and its management, thoroughly informed of and understands the procedures which must be followed to monitor and manage his/her diabetes and what procedures should be followed if complications arise; and

(viii) The applicant has the ability and has demonstrated willingness to properly monitor and manage his/her diabetes.

(f) The individual submits a separate statement from an examining ophthalmologist that the applicant has been examined and that the applicant does not have unstable proliferative diabetic retinopathy or unstable advancing disease of blood vessels in the retina and has stable visual acuity (at least 20/40 (Snellen) in each eye separately, with or without corrective lenses.)

(g) The following special conditions are required for the issuance of any waiver to an insulin-using diabetic driver. Each driver must:

(i) Carry, use, and record, in a log, the readings from a portable self-monitoring blood glucose device (SMBG) that is equipped with a computerized memory. Blood glucose monitoring must be performed one hour prior to and approximately every four hours while on duty. Paper tapes generated by SMBGs having a printing capability may be used in lieu of a log prepared by the waived driver. Make log records of blood glucose values available to any authorized enforcement official upon request;

(ii) Carry upon your person and use, as necessary, a source of rapidly absorbable glucose;

(iii) Carry insulin and the equipment/materials necessary for administering the medication;

(iv) Report, in writing, any citation for a moving violation involving the operation of a CMV or a school bus to the Ohio department of education no later than fifteen days following the issuance of such citation. A photostatic copy of the citation issued must accompany the written report;

(v) Report, in writing, the judicial/administrative disposition of any citation for a moving violation involving the operation of a CMV or a school bus to the Ohio department of education no later than fifteen days following the notice of disposition;

(vi) Report, in writing, involvement in any accident whatsoever while operating a CMV or a school bus to the Ohio department of education no later than fifteen days following the accident (include state, insurance company, and/or motor carrier accident reports);

(vii) Report, in writing, any change of residence, address, or telephone number to the Ohio department of education no later than fifteen days after such change.

(viii) Report, in writing, any change of employer, including name, address, and telephone number, or type of vehicle operated to the Ohio department of education no later than fifteen days after such change.

(ix) Submit any medical information derived from medical assistance or treatment arising from any accident involvement to the Ohio department of education no later than fifteen days following the accident. A copy of the attending medical specialist’s and laboratory reports will meet the reporting requirement.

(x) Submit log records of your blood glucose values for a twenty-four hour period immediately prior to any accident involvement to the Ohio department of education no later than fifteen days following the accident.

(xi) Submit a signed statement from the licensed endocrinologist who conducted the initial medical evaluation to the Ohio department of education no later than fifteen days before each six-month anniversary of the waiver issuance date, that you have been examined and your diabetic condition is currently stable and under control. This semiannual examination must be conducted within the six-week period immediately preceding each six-month anniversary of the waiver issuance date. You must make your log records of your blood glucose values for the preceding three months available to the examining endocrinologist at the time of the required examination;

(xii) Waived drivers who use a medical specialist, other than the specialist who conducted the initial medical evaluation, must be re-examined by an endocrinologist, using the criteria and procedures established for the pre-qualification examination and submit a signed statement from that licensed endocrinologist;

(xiii) Submit a signed statement from an ophthalmologist to the Ohio department of education, no later than fifteen days before each anniversary of the waiver issuance date, that you have been examined and that you do not have unstable proliferative diabetic retinopathy, and that you continue to have stable visual acuity (at least 20/40 (Snellen) in each eye, corrected or uncorrected). This annual examination must be conducted within the six-week period immediately preceding the anniversary of the waiver issuance date.

(h) All documentation described in paragraphs (E)(3)(g)(iv) to (E)(3)(g)(xiii) of this rule must be mailed to the Ohio department of education, division of school finance, pupil transportation section, 25 South Front Street, Columbus, Ohio 43215-4183. Failure to submit timely reports may be cause for revocation of the waiver.

(i) Any individual school bus driver granted a waiver under this rule remains subject to the provisions of section 3327.10 of the Revised Code, including the reporting requirements of division (D) of section 3327.10 of the Revised Code.

(j) Applicants for a waiver from the insulin-using diabetes mellitus qualification requirement are required to submit their applications on plain paper, include all supporting documents, and include the information set forth below. Each information item must be completed by an appropriate answer or marked “none”, if not applicable.

(i) Vital statistics

(a) Name of applicant (first name, middle initial, last name);

(b) Address (street number and name);

(c) City, state, and zip code;

(d) Telephone number (area code and number);

(e) Sex (male or female);

(f) Date of birth (month, day, and year);

(g) Age;

(h) State driver’s license number (list all licenses held during the three-year period either immediately preceding the date of application to operate a CMV or a school bus);

(i) Issuing state;

(j) Driver’s license expiration date; and

(k) Driver’s license classification; and

(l) Your employers/prospective employers name, address and telephone number;

(ii) Experience

(a) Number of years driving buses, and approximate number of miles driving buses; and

(b) Approximate number of years driving a CMV other than a school bus, and the approximate number of miles driving such other CMV.

(iii) Experience factor

(a) Unless the Ohio department of education is satisfied otherwise, you must have accumulated at least three years experience operating a CMV on a regular basis and that experience must be recent enough to reflect your capabilities;

(b) To qualify for a waiver, you must have a clean driving record as described in paragraph (E)(3)(b) of this rule for the three years immediately preceding the date of your application.

(iv) Supporting documents Your application must include supporting documents for the requirements set forth in paragraph (E)(3) of this rule and any other documents deemed necessary by the Ohio department of education.

(k) A waiver issued by the Ohio department of education is valid for three years from the date of issuance unless revoked by the department for cause or based on a change in statute or rules.

(l) All medical documentation submitted to the department of education as required by this rule may be reviewed by a panel of physicians appointed by the department of education. This panel of physicians will make a recommendation regarding whether or not a waiver should be issued, based upon medical documentation.

(m) The department of education will determine, based upon the recommendation of the panel of physicians and other information as required by this rule, whether or not a waiver will be issued.

(4) Annual urinalysis screening for glucose is required. If glucosuria is detected, a statement regarding the potential condition of diabetes mellitus and any required treatment is to be attached.

(5) Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure. A person with a history of cardiovascular surgery or abnormality shall be given a more stringent examination (example: stress testing, holter monitoring, angiography or other examinations) to determine whether or not the surgery or abnormality is likely to impair a person’s ability to control, inspect, and safely operate a school bus. If it is determined that the surgery or abnormality is not likely to impair the ability, the examining physician will provide certification to that effect with the examination report.

(6) Has no history of transient ischemic attack (TIA), carotid insufficiency, cerebral vascular accidents (stroke) or other vascular abnormalities which are unstable or uncontrolled and/or likely to interfere with a person’s ability to control and safely operate a school bus.

(7) Has no established medical history or clinical diagnosis of respiratory dysfunction likely to interfere with a person’s ability to control and safely operate a school bus.

(8) Has blood pressure not higher than 160/90 mmHg. If the blood pressure is greater than 160/90 mmHg, a medical certificate must be attached referencing the hypertension. Said medical certificate must establish the nature of the treatment, that the blood pressure is now controlled at or below 160/90 mmHg, with treatment documented, and that the hypertension and treatment are not likely to interfere with a person’s ability to control and safely operate a school bus. In all cases where blood pressure is initially greater than 160/90 mmHg, a six month follow-up certificate must be furnished by the drivers treating physician stating the blood pressure remains at or below 160/90 mmHg and under good control. If initial blood pressure systolic is 161-180 and/or diastolic is 91-104, a non-renewable temporary certificate may be issued for up to ninety days pending control of blood pressure at or below 160/90 mmHg.

(9) Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, or neuromuscular, disease which is likely to interfere with a person’s ability to control and safely operate a school bus.

(10) Has no established medical history or clinical diagnosis of epilepsy or any other seizure disorder and has no other condition which is likely to cause loss of consciousness or any loss of a person’s ability to control and safely operate a school bus.

(11) Has no mental, emotional, nervous, organic, or functional disease or psychiatric disorder which is likely to interfere with a person’s ability to control and safely operate a school bus.

(12) Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least seventy degrees in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber. Persons may use corrective lenses to attain these standards.

(13) Screening audiometer test does not indicate an average hearing loss in the better ear greater than forty decibels at five hundred Hz, one thousand Hz, and two thousand Hz with or without a hearing aid when the audiometric device is calibrated to “American National Standard” (formerly ASA standard) Z24.5. (Hearing in at least one ear must meet the preceding criteria).

(14) Has no current clinical evidence or clinical record of use of illegal substances and has no current clinical evidence or clinical record of use of legally prescribed medication which is likely to interfere with a person’s ability to control and safely operate a school bus.

(15) Has no recent history of alcohol abuse and has no current clinical diagnosis of alcoholism.

(16) Has no neurologic deficit that would impair a person’s ability to control and safely operate a school bus.

(17) Does not show clinical evidence of active pulmonary tuberculosis or other communicable diseases. Has taken the tuberculin test as required by rules of the Ohio Department of Health. (To be verified on page five, section B, item 15 of the school bus driver medical examination form).

(18) Has speech capabilities to give clear and understandable directions or commands.

(E) Administration

(1) School bus drivers who have experienced a prolonged period of absence due to illness or injury or who have a significant change in their state of health may be required by the school bus owner to be re-examined in accordance with this rule.

(2) Currently employed school bus drivers disqualified by the appointed examining physician shall be notified by the school bus owner within fifteen days following receipt of the examination report. Currently employed school bus drivers desiring to appeal a disqualification shall file the appeal in writing within fifteen days with the school bus owner.

(3) Upon receipt of an appeal, the school bus owner shall arrange for a medical re-examination. The re-examination may be conducted by a public health board or private physician. The re-examining physician shall not be the physician administering the original examination.

(4) All re-examinations shall be based on the school bus driver physical qualifications rule and shall be final.

(5) Physical qualification examination reports shall contain a release authorization to be signed by the examinee for purposes of evaluation by constituted authorities.

(6) Costs for examinations required to the extent of compliance with this rule shall be the responsibility of the school bus owner.

(7) Physical examination reports for persons certified by the examining physicians as meeting this rule shall be retained for a period of six five years by the school bus owner. The employing school bus owner shall file the appropriate copy of the examination report with the department of education, or the department of public safety, within thirty days following the examination.

Effective: 08/01/2007

R.C. 119.032 review dates: 04/04/2007 and 08/01/2012

Promulgated Under: 119.03

Statutory Authority: 3301.07, 3327.01, 4511.76

Rule Amplifies: 3327.10, 3327.01, 4511.01(F)

Prior Effective Dates: 3/31/75, 8/1/80, 10/22/84, 10/11/85 (Emer.), 1/1/86, 4/1/88, 7/1/91, 3/4/94 (Emer.) 7/1/94, 10/5/98, 11/13/01