Section 4129 of SAFETEA-LU

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.