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SEC. 4129. OPERATION OF COMMERCIAL MOTOR VEHICLES BY
INDIVIDUALS WHO USE INSULIN TO TREAT DIABETES
MELLITUS.
(a) REVISION OF FINAL RULE.—Not later than 90 days after
the date of the enactment of this Act, the Secretary shall begin
revising the final rule published in the Federal Register on September
3, 2003, relating to persons with diabetes, to allow individuals
who use insulin to treat their diabetes to operate commercial
motor vehicles in interstate commerce. The revised final rule shall
provide for the individual assessment of applicants who use insulin
to treat their diabetes and who are, except for their use of insulin,
otherwise qualified under the Federal motor carrier safety regulations.
The revised final rule shall be consistent with the criteria
described in section 4018 of the Transportation Equity Act for
the 21st Century (49 U.S.C. 31305 note) and shall conclude the
rulemaking process in the Federal Motor Carrier Safety Administration
docket relating to qualifications of drivers with diabetes.
(b) NO PERIOD OF COMMERCIAL DRIVING WHILE USING INSULIN
REQUIRED FOR QUALIFICATION.—After the earlier of the date of
issuance of the revised final rule under subsection (a) or the 90th
day following the date of enactment of this Act, the Secretary
may not require individuals with insulin-treated diabetes mellitus
who are applying for an exemption from the physical qualification
standards to have experience operating commercial motor vehicles
while using insulin in order to be exempted from the physical
qualification standards to operate a commercial motor vehicle in
interstate commerce.
Applicability.
Deadline.
Grants.
Reports.
Deadline.
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PUBLIC LAW 109–59—AUG. 10, 2005 119 STAT. 1743
(c) MINIMUM PERIOD OF INSULIN USE.—Subject to subsection
(b), the Secretary shall require individuals with insulin-treated
diabetes mellitus to have a minimum period of insulin use to
demonstrate stable control of diabetes before operating a commercial
motor vehicle in interstate commerce. Such demonstration shall
be consistent with the findings reported in July 2000, by the expert
medical panel established by the Secretary, in ‘‘A Report to Congress
on the Feasibility of a Program to Qualify Individuals with Insulin-
Treated Diabetes Mellitus to Operate Commercial Motor Vehicles
in Interstate Commerce as Directed by the Transportation Equity
Act for the 21st Century’’. For individuals who have been newly
diagnosed with type 1 diabetes, the minimum period of insulin
use may not exceed 2 months, unless directed by the treating
physician. For individuals who have type 2 diabetes and are converting
to insulin use, the minimum period of insulin use may
not exceed 1 month, unless directed by the treating physician.
(d) LIMITATIONS.—Insulin-treated individuals may not be held
by the Secretary to a higher standard of physical qualification
in order to operate a commercial motor vehicle in interstate commerce
than other individuals applying to operate, or operating,
a commercial motor vehicle in interstate commerce; except to the
extent that limited operating, monitoring, and medical requirements
are deemed medically necessary under regulations issued by the
Secretary.