Medical Review by the Florida Department of Highway Safety and Motor Vehicles

What happens when someone reports that a citizen is unable to safely operate or drive a motor vehicle as a result of a some physical condition, mental impairment, medical condition or addiction to alcohol or drugs?

The Florida Department of Transportation provides funding for Florida’s Medical Review Process. Allegations of unsafe driving often involve:

  • a variety of different types of medical conditions;
  • vision problems;
  • substance abuse;
  • medication that affects the ability to drive safely;
  • reckless or poor driving as a result of medical issues;
  • observations of dings, dents or scratches that might have resulted because of a medical condition;
  • observations of a citizen acting confused or getting lost while driving in familiar areas and thinking there may be a possible medical cause for the behavior.

Florida law allows the reports to be kept strictly confidential. In fact, no civil or criminal action may be brought against any physician, person or agency for providing this information. The HSMV Form 72190 that was last revised in July of 2013 can be found at http://www.flhsmv.gov/forms/72190.pdf.

The Medical Reporting Form Used in Florida

According to the Medical Reporting Form, physical or mental disabilities that could lead to being unable to safely operate or drive a motor vehicle could include, but are not limited to, any of the following:

Once a report is made using Florida’s Medical Reporting Form, the DHSMV conducts an investigation of the accusation of being medically unsafe to drive.

If the Department finds that “cause” is found, then the driver receives notice that he or she is under medical review. The driver is asked to provide medical information from their physician to the Florida Department of Highway Safety and Motor Vehicles.

Florida’s DHSMV’s Medical Advisory Board

The information is also provided to the Florida DHSMV’s Medical Advisory Board. After reviewing the information, the Florida DHSMV’s Medical Advisory Board provides a recommendation regarding the citizen’s ability to drive. The recommendation may do one of the following:

  • Require the driver to provide additional information;
  • Require the driver to re-take the driving test; or
  • Revoke or deny the driver of a driver’s license or privilege to drive in the State of Florida.

Florida Statute Section 322.126

Florida Statute Section 322.126 (2), (3), provides that “Any physician, person, or agency having knowledge of any licensed driver’s or applicant’s mental or physical disability to drive…is authorized to report such knowledge to the Department of Highway Safety and Motor Vehicles… The reports authorized by this section shall be confidential… No civil or criminal action may be brought against any physician, person or agency who provides the information herein.

Administrative Hearings in the Medical Review Process

If the Florida DHSMV takes any action to deny or revoke the driver’s license then the driver should demand an administrative hearing to appeal the decision. During the administrative hearing the driver can present evidence and testimony that he is capable of driving and may bring witnesses to testify on his behalf.

If you need an experienced attorney for a Medical Review investigation and administrative hearing, then give us a call to discuss the case.

6 Comments

  1. Scott Bartholomew
    Posted October 10, 2013 at 06:39 | Permalink | Reply

    A good website. My question is how broadly available are licenses for people with epilepsy who have not had a seizure for 8yrs, only 3 over the last 21. Can I obtain construction lic to operate forklifts, e.g.?
    Thank you.
    Sincerely,
    Scott Bartholomew
    scottsb59@comcast.net

  2. Kim Vullo
    Posted December 3, 2013 at 06:59 | Permalink | Reply

    Where can a person download the forms to take to the doctor to request a license review?

    • Dana Dewing
      Posted February 13, 2014 at 16:11 | Permalink | Reply

      I had a black out due to the medication I was on.I moved out of state for a time and have a valid licence but to get my Florida licence back I need a medical review form to give my doctor.Do you know how I can get one

  3. Hector L.Mestre Ventura
    Posted December 29, 2013 at 15:45 | Permalink | Reply

    I am 68 yrs old and have type 2 diabetes,never had a problem driving or had any seizures while driving or other wise,my Doctor at the V.A. made a statement that i might get my driving privilage revoked.Recieved a letter from DMV and i feel that is not appropiate that i have my driving previlage revoked,i am extremely responsible for driving,doing my shopping and medical appointsments,where can i get help to change this revocation of my driving previlages?

  4. Tina
    Posted March 28, 2014 at 15:41 | Permalink | Reply

    You can contact the Florida DMV, Medical Review Department and they can send to you or fax to your physicians office. Find the phone number online of through information.

  5. Deborah Hoffman
    Posted April 10, 2014 at 18:50 | Permalink | Reply

    I had a black out due to the medication I was on. back in 2000, I want to get my Florida licence back I need a medical review form to give my doctor.Do you know how I can get one

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