1. (1) With respect to conditions affecting respiratory function, the review boards when making recommendations, and the department when taking licensing action, may consider disorders including, but not limited to, the following:

   1. (a) Chronic obstructive pulmonary disease.
   2. (b) Asthma.
   3. (c) Emphysema.
   4. (d) Bronchitis.
   5. (e) Tuberculosis.
   6. (f) Silicosis.
   7. (g) Pulmonary emboli.
   8. (h) Pulmonary hypertension.
   9. (i) Pulmonary tumors.

2. (2) The department may require information on functional ability including, but not limited to, the following:

   1. (a) Incapacitating cough.
   2. (b) Shortness of breath.
   3. (c) Dyspnea.
   4. (d) Inadequate ventilation.
   5. (e) Fatigue.
   6. (f) Right ventricular enlargement.
   7. (g) Acute respiratory failure.
   8. (h) Hypoxemia or hypercapnia.
   9. (i) Need for medication or oxygen therapy.
   10. (j) Pulmonary function tests.

3. (3)

   1. (a) Licensing standards. No license or endorsement may be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting respiratory function of this subsection.

   2. (b) Medical standards for school bus and passenger endorsements. A person who applies for, renews, or holds school bus or passenger endorsement shall meet all of the following respiratory function criteria:

      1. 1. Pulmonary disease is healed or inactive.
      2. 2. Values obtained from pulmonary function tests for forced vital capacity and forced expiratory volume in one second are not less than 65% of normal values.
      3. 3. There is no required oxygen use.
      4. 4. Medications improve breathing but do not interfere with safe driving.
      5. 5. There is no diagnosis of sleep apnea unless the physician or APNP indicates treatment has been successful and the condition will not impair ability to safely operate a commercial vehicle.

   3. (c) Medical standards for all classes of operators licenses. A person who applies for, renews, or holds any classification of operator’s license shall meet all of the following respiratory function criteria:

      1. 1. The person does not require medication or treatment that interferes with safe driving.
      2. 2. There is no dyspnea that interferes with safe driving, as assessed by a physician or APNP or determined through a driving evaluation.

History

History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; r. (3) (b) 3., 6., 7., renum. (3) (b) 4., 5. to be (3) (b) 3., 4. and am. 4., cr. (3) (b) 5., am. (3) (c) 1, Register, June, 1996, No. 486, eff. 7-1-96; CR 06-099: am. (3) (b) 5. and (c) 2., Register June 2007 No. 618, eff. 7-1-07.