(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 or a vehicle other than a school bus as
defined in paragraph (C) of rule 3301-83-19 of the Administrative Code, for the
purpose of transporting pupils.
(B) Annually, one or more of the
following licensed individuals shall be appointed by all school bus owners to
conduct the medical 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, osteopathic medicine and surgery, or
chiropractic;
(2) Physician
assistant;
(3) Certified nurse
practitioner;
(4) Clinical nurse
specialist;
(5) Certified
nurse-midwife; or
(6) A medical examiner
who is listed on the national registry of certified medical examiners
established by the federal motor carrier safety administration in accordance
with 49.C.F.R. part 390.
(C) Physical examination time
schedule
(1) School bus driver
medical examinations shall be scheduled after the first day of May and the
completed medical examination shall be valid for the upcoming school year. A
completed T-8 form must be on file in accordance with procedures established by
the department and must be accomplished before drivers will be qualified to
operate a school bus or other pupil transportation vehicle described in rule
3301-83-19 of the Administrative Code with passengers on board for the next
school year. The medical examination is valid so long as it has been completed
by one of the licensed persons identified in paragraph (B) of this rule.
(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 or other
pupil transportation vehicle described in rule 3301-83-19 of the Administrative
Code 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 or other pupil transportation vehicle described in rule 3301-83-19
of the Administrative Code 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, fingers, or an arm. Upon request to the department, a
driver applicant missing a foot, leg, fingers, 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.
Individuals who are granted a missing limb waiver shall be re-evaluated prior
to applying for renewal of a T-9 certificate;
(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. Upon request made to the
department, a driver applicant missing a foot, leg, fingers, hand, or arm, may
request a performance evaluation to be conducted by the Ohio pre-service
program instructor(s) to determine the applicant's ability to control and
safely operate a school bus and satisfactorily perform other related duties.
Individuals who are granted a missing limb waiver shall be re-evaluated prior
to applying for renewal of a T-9 certificate;
(3) Has no established
medical history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control. Drivers who are insulin dependent shall be failed on this
item, and shall be required to obtain a waiver from the department pursuant to
paragraph (F) of this rule;
(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. 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. In all cases where blood pressure is
initially greater than 160/90 mmHg, a six month follow-up certificate must be
furnished by the driver's treating physician stating the blood pressure
remains at or below 160/90 mmHg and under good control;
(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; and
(18) Has speech and other
communication 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 years by the school bus owner. The
employing school bus owner shall file the appropriate copy of the examination
report with the department within thirty days following the
examination.
(F) Insulin dependent
waivers
The department may grant waivers to insulin using
individuals under the following conditions:
(1) The individual has
not had a previously issued insulin waiver revoked or lapsed;
(2) The individual
completes an insulin dependent waiver packet and submits the packet to the
department's pupil transportation office;
(3) The individual has
passed all other requirements of the Ohio school transportation vehicle
physical;
(4) The individual
possesses a currently valid operator's driver license and has had a
driving record for a three-year period immediately preceding the date of
application that:
(a) Contains no suspensions or revocations of their licenses for
the operation of any motor vehicle, including their personal vehicle, except
for suspensions or revocations due to nonpayment of fines;
(b) Contains no involvement in a reportable accident in any
vehicle with an associated citation for a moving traffic violation;
and
(c) Contains no involvement in more than one serious traffic
violation in any vehicle as defined in division (II) of section 4506.01 of the
Revised Code.
(5) Medical requirements
for application
(a) 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, all follow-up
reports, and reports of any hypoglycemic insulin reactions within the last
three years;
(b) 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, the
following:
(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.
(c) The individual submits a signed statement prepared by the
examining endocrinologist whose license status is indicated. The signed
statement shall include separate declarations indicating the following medical
determinations:
(i) That 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) That the applicant
has been using insulin to control his/her diabetes on the date of the
application;
(iii) That 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) That, 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) That the
applicant's diabetic condition will not adversely affect his/her ability
to operate a school bus or a school van;
(vii) That the applicant
has been educated in diabetes and its management, thoroughly informed of and
understands the procedures that must be followed to monitor and manage his/her
diabetes, and what procedures should be followed if complications arise;
and
(viii) That the applicant
has the ability and has demonstrated willingness to properly monitor and manage
his/her diabetes.
(d) 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 of at least
20/40 (Snellen) in each eye separately, with or without corrective
lenses.
(6) Requirements of
driver to maintain a valid waiver.
Special conditions that shall be met for any
waiver issued to an insulin-using diabetic driver to remain valid. Each driver
shall comply with the following requirements:
(a) 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 shall be performed one hour prior
to and approximately every four hours while on duty. Paper tapes generated by
SMBG's having a printing capability may be used in lieu of a log prepared
by the waived driver. Log records of blood glucose values shall be made
available to any authorized enforcement official upon request;
(b) Carry, upon their person, and use, as necessary, a source of
rapidly absorbable glucose;
(c) Carry insulin and the equipment/materials necessary for
administering the medication;
(d) Report, in writing, any citation for a moving violation
involving the operation of any vehicle, including personal vehicles, to the
employer and the department no later than fifteen days following the issuance
of such citation. A photostatic copy of the citation issued shall accompany the
written report;
(e) Report, in writing, the judicial or administrative
disposition of any citation for a moving violation involving the operation of
any vehicle, including personal vehicles, to the employer and the department no
later than fifteen days following the notice of disposition;
(f) Report, in writing, any involvement in an accident
whatsoever, regardless of whether the driver was cited, while operating any
vehicle, including personal vehicles, to the employer and the department no
later than fifteen days following the accident, and include in that report, any
state, insurance company, and/or motor carrier accident reports;
(g) Report, in writing, any change of residence, address, or
telephone number to the department no later than fifteen days after such
change;
(h) Report, in writing, any change of employer, including name,
address, and telephone number, or type of vehicle operated to the department no
later than fifteen days after such change;
(i) Submit any medical information derived from medical
assistance or treatment arising from any accident involvement to the department
no later than fifteen days following the accident. A copy of the attending
medical specialist and laboratory reports shall also meet the reporting
requirement;
(j) Submit log records of blood glucose values for a twenty-four
hour period immediately prior to any accident involvement to the department no
later than fifteen days following the accident;
(k) Submit a signed statement from the licensed endocrinologist
who conducted the initial medical evaluation to the department no later than
fifteen days before each six-month anniversary of the waiver issuance date,
that the driver has been examined and that any diabetic condition is currently
stable and under control. This semiannual examination shall be conducted within
the six-week period immediately preceding each six-month anniversary of the
waiver issuance date. Log records of blood glucose values for the preceding
three months shall be made available to the examining endocrinologist at the
time of the required examination;
(l) Waived drivers who use a medical specialist, other than the
specialist who conducted the initial medical evaluation, shall 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;
(m) Submit a signed statement from an ophthalmologist to the
department no later than fifteen days before each anniversary of the waiver
issuance date that the driver has been examined and does not have unstable
proliferative diabetic retinopathy, and that the driver continues to have
stable visual acuity of at least 20/40 (Snellen) in each eye, corrected or
uncorrected. This annual examination shall be conducted within the six-week
period immediately preceding the anniversary of the waiver issuance
date.
(7) All documentation
described in paragraph (F)(5) of this rule shall be mailed to the
department's pupil transportation office, 25 South Front street, Columbus,
Ohio 43215-4183. Failure to timely submit reports may be cause for waiver
revocation.
(8) Any individual driver
operating a school bus or other pupil transportation vehicle described in rule
3301-83-19 of the Administrative Code granted a waiver pursuant to this rule
shall remain subject to the provisions of section 3327.10 of the Revised Code,
including the reporting requirements specified in division (D) of section
3327.10 of the Revised Code.
(9) Applicants for a
waiver from the insulin-using diabetes mellitus qualification requirement shall
be required to submit applications on plain paper and include all supporting
documents and the information as set forth in paragraph (F)(9) of this rule.
Each information item shall contain a complete and appropriate answer, or, if
an item is not applicable, marked with "none."
(a) Vital statistics
(i) Name of applicant
(first name, middle initial, last name);
(ii) Address (street
number and name);
(iii) City, state, and
zip code;
(iv) Telephone number
(including area code);
(v) Sex (male or
female);
(vi) Date of birth
(month, day, and year);
(vii) Age;
(viii) State
driver's license number and a list of all licenses held during the
three-year period immediately preceding the date of application to operate a
school transportation vehicle;
(ix) Issuing
state;
(x) Driver's
license expiration date;
(xi) Driver's
license classification; and
(xii) Employer's or
prospective employer's name, address, and telephone number.
(b) Experience
(i) Number of years and
approximate miles driving school buses;
(ii) Approximate number
of years and miles driving a CMV other than a school bus; and
(iii) Number of years
driving vehicles other than a CMV or school bus.
(c) Experience factor
(i) Unless the department
is satisfied otherwise, a driver must have accumulated at least three years
experience operating a CMV on a regular basis and that experience must be
recent enough to reflect the driver's capabilities; and
(ii) Additionally, to
qualify for a waiver, a driver shall have a clean driving record as described
in paragraph (F)(4)(a) of this rule for the three years immediately preceding
the date of your application.
(d) Applications shall include supporting documents for the
requirements set forth in this rule and any other documents deemed necessary by
the department.
(10) A waiver issued by
the department is valid for three years from the date of issuance unless the
waiver is revoked by the department for cause or based on a change in statute
or rule.
(11) A waiver issued by
the department may be revoked for failure to comply with any requirement
included in this rule.
(12) All medical
documentation submitted to the department as required by this rule may be
reviewed by a panel of physicians appointed by the department. This panel of
physicians shall make a recommendation on whether a waiver should be issued
based upon medical documentation.
(13) The department shall
have final say on all waiver determinations.
