1. (1) An individual with a medical condition that prohibits the individual from providing a deep lung breath sample necessary to operate an ignition interlock system may submit a petition to the division containing the following:

   1. (a) an IID Removal Petition Physician Statement Form provided by the division completed by the physician;
   2. (b) a medical form completed by a physician;
   3. (c) medical history documenting the date of onset of the condition, the prognosis, and current treatments; and
   4. (d) measurements of FVC and FEV1 as measured by reproducible spirometry within 90 days of the petition.
2. (2) The board shall review documentation submitted to support the individual cannot provide a deep lung breath sample under Title 53, Chapter 3, Part 3, Impaired Persons Licensing Act.
3. (3) The board may request additional documentation regarding a medical exemption requested under this rule.

4. (4) The division may consider:

   1. (a) the recommendation of the panel;
   2. (b) public safety;
   3. (c) the availability of ignition interlock systems that may be used with the individual's condition; and
   4. (d) the level of pulmonary or other impairment affecting the individual in determining the individual's license restrictions.

KEY: administrative procedures, health care professionals, physicians

Date of Last Change: July 23, 2024

Notice of Continuation: December 16, 2021

Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-224; 53-3-303; 53-3-304; 49 CFR 391.43; 41-6a-518.2