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S1323aaH.......................................................by EDUCATION
SCHOOL BUS DRIVERS - Amends existing law relating to school bus drivers to
provide that the State Department of Education may issue a medical waiver
to individuals with insulin dependent diabetes mellitus if the department
determines that an applicant has met the requirements as specified; and to
require the department to promulgate rules as necessary to implement the
provisions for determining eligibility and issuing such waivers.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Educ
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 26-7-2
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw, Compton,
Darrington, Gannon, Goedde, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Werk
NAYS -- Brandt, Calabretta, Cameron, Davis, Geddes, Pearce, Sweet
Absent and excused -- Hill, Williams
Floor Sponsor - Gannon
Title apvd - to House
03/01 House intro - 1st rdg - to Educ
03/12 Rpt out - to Gen Ord
03/16 Rpt out amen - to 1st rdg as amen
03/17 1st rdg - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 64-0-6
AYES -- Andersen, Barraclough, Barrett, Bayer, Bell, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart,
Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bauer, Bedke, Kellogg, Moyle, Roberts, Trail
Floor Sponsor - Jones
Title apvd - to Senate
03/19 Senate concurred in House amens - to engros
03/20 Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 32-0-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Marley,
McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burtenshaw, Malepeai, Noble
Floor Sponsor - Gannon
Title apvd - To enrol - Rpt enrol - Pres signed
03/22 Sp signed - To Governor
03/23 Governor signed
Session Law Chapter 218
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1323
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL BUS DRIVERS; AMENDING SECTION 33-1509, IDAHO CODE, TO
3 DELETE PROVISIONS WHICH ALLOW A MEDICAL WAIVER FOR INDIVIDUALS WITH INSU-
4 LIN DEPENDENT DIABETES MELLITUS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 33-1509, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-1509. SCHOOL BUS DRIVERS -- DEFINITION -- QUALIFICATION -- DUTIES. For
9 the purpose of this chapter the term "school bus driver" shall mean any person
10 who at any time is operating a school bus while transporting pupils to or from
11 school, or to or from approved school activities.
12 A board of trustees shall employ school bus drivers only upon prior appli-
13 cation in writing and the board shall require of school bus drivers employed
14 by others who transport pupils of their district under contract, the same
15 information required in such written application. Each application shall con-
16 tain at least the minimum information specified by the state department of
17 education.
18 Any person employed as a school bus driver shall be over the age of eigh-
19 teen (18) years, be of good moral character and not addicted to the use of
20 intoxicants or narcotics. School bus drivers shall be subject to the physical
21 examination standards of the federal motor carrier safety regulations. Pro-
22 vided however, that individuals with insulin-dependent diabetes mellitus, who
23 are otherwise medically qualified under the physical examination standards of
24 the federal motor carrier safety regulations, may request a waiver for this
25 condition and, in the discretion of the board of trustees, be issued a school
26 bus driver's permit for intrastate transport of pupils to or from school, or
27 to or from approved school activities. Applicants for a waiver under this sec-
28 tion shall provide all information and accompanying documentation as required
29 on a form approved by the state department of education. Before entering upon
30 his duties, each school bus driver shall file with the board of trustees a
31 current health certificate. and, if applicable, a waiver request pursuant to
32 this section with all required information and accompanying documentation.
33 Subsequent health certificates shall be filed with the frequency required by
34 the federal motor carrier safety regulations. School bus drivers shall be
35 physically able to perform all job-related duties.
36 Each school bus driver shall at all times possess a valid and appropriate
37 commercial driver's license, including endorsements as specified in section
38 49-105, Idaho Code., and a school bus driver's permit issued by the board of
39 trustees and, if applicable, a waiver for insulin-dependent diabetes mellitus
40 issued by the board of trustees. The school bus driver's permit shall be in a
41 form approved by the state department of education and shall be carried on the
42 school bus driver's person or be exhibited in full view when the holder
43 thereof is operating any school bus with pupils therein.
2
1 The board of trustees may for cause, and after a hearing, revoke any
2 school bus driver's permit or waiver for insulin-dependent diabetes mellitus.
3 Each school bus driver shall maintain such route books and other records
4 as may be required by the state department of education or by the board of
5 trustees of the school district. The school bus driver shall report any pupil
6 whose behavior is such as may endanger the operation of the vehicle, or who
7 damages the same or any part thereof, or whose language is obscene.
8 It shall be the duty of each school bus driver to report any condition on,
9 or bordering, his route which constitutes a hazard to the safety of the pupils
10 being transported.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Jones
Seconded by Ellsworth
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1323
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete lines 20 through 25 and insert:
3 "intoxicants or narcotics. School bus drivers shall be subject to meet the
4 physical examination standards of the federal motor carrier safety regula-
5 tions. Provided however, that individuals with insulin dependent diabetes
6 mellitus, who are otherwise medically qualified under the physical examination
7 standards of the federal motor carrier safety regulations, may request a
8 waiver for this condition and, in the discretion of the board of trustees, be
9 issued a school"; in line 29, following "education." insert: "from the state
10 department of education. If the applicant meets the requirements as specified
11 in subsections (1) through (7) of this section, the department shall grant a
12 waiver. The department shall notify each applicant and each affected school
13 district of its determination of eligibility with regard to each application
14 for a waiver. An applicant shall:
15 (1) Document that he has no other disqualifying conditions including
16 diabetes-related complications;
17 (2) Document that he has had no recurring, two (2) or more, hypoglycemic
18 reactions resulting in a loss of consciousness or seizure within the past five
19 (5) years. A period of one (1) year of demonstrated stability is required fol-
20 lowing the first episode of hypoglycemia;
21 (3) Document that he has had no recurrent hypoglycemic reactions requir-
22 ing the assistance of another person within the past five (5) years. A period
23 of one (1) year of demonstrated stability is required following the first epi-
24 sode of hypoglycemia;
25 (4) Document that he has had no recurrent hypoglycemic reactions result-
26 ing in impaired cognitive function that occurred without warning symptoms
27 within the past five (5) years. A period of one (1) year of demonstrated sta-
28 bility is required following the first episode of hypoglycemia;
29 (5) Document that he has been examined by a board-certified or board-
30 eligible endocrinologist who has conducted a complete medical examination. The
31 complete medical examination shall consist of a comprehensive evaluation of
32 the applicant's medical history and current status with a report including the
33 following information:
34 (a) The date insulin use began;
35 (b) Diabetes diagnosis and disease history;
36 (c) Hospitalization records;
37 (d) Consultation notes for diagnostic examinations;
38 (e) Special studies pertaining to the diabetes;
39 (f) Follow-up reports;
40 (g) Reports of any hypoglycemic insulin reactions within the last five
41 (5) years;
42 (h) Two (2) measures of glycosylated hemoglobin, the first ninety (90)
43 days before the last and current measure;
2
1 (i) Insulin dosages and types, diet utilized for control and any signifi-
2 cant factors such as smoking, alcohol use, and other medications or drugs
3 taken; and
4 (j) Examinations to detect any peripheral neuropathy or circulatory
5 insufficiency of the extremities;
6 (6) Submit a signed statement from an examining endocrinologist indicat-
7 ing the following medical determinations:
8 (a) The endocrinologist is familiar with the applicant's medical history
9 for the past five (5) years, either through actual treatment over that
10 time or through consultation with a physician who has treated the appli-
11 cant during that time;
12 (b) The applicant has been educated in diabetes and its management, thor-
13 oughly informed of and understands the procedures which must be followed
14 to monitor and manage the applicant's diabetes and what procedures should
15 be followed if complications arise; and
16 (c) The applicant has the ability and has demonstrated willingness to
17 properly monitor and manage the applicant's diabetes; and
18 (7) Submit a separate signed statement from an ophthalmologist or optome-
19 trist that the applicant has been examined and that the applicant does not
20 have diabetic retinopathy and meets the vision standard in 49 CFR
21 391.41(b)(10), or has been issued a valid medical exemption. If the applicant
22 has any evidence of diabetic retinopathy, the applicant must be examined by an
23 ophthalmologist and submit a separate signed statement from the ophthalmolo-
24 gist that the applicant does not have unstable advancing disease of blood ves-
25 sels in the retina, known as unstable proliferative diabetic retinopathy.";
26 and delete lines 38 through 40 and insert: "49-105, Idaho Code, and a school
27 bus driver's permit issued by the board of trustees and, if applicable, a
28 waiver for insulin dependent diabetes mellitus issued by the board of trustees
29 state department of education. The school bus driver's permit shall be in a".
30 On page 2, following line 10, insert:
31 "The state department of education shall promulgate rules as necessary for
32 the determination of eligibility and issuance of a waiver to individuals with
33 insulin dependent diabetes mellitus in accordance with the provisions of this
34 section.".
35 CORRECTION TO TITLE
36 On page 1, delete lines 3 and 4 and insert: "PROVIDE THAT THE STATE
37 DEPARTMENT OF EDUCATION MAY ISSUE A MEDICAL WAIVER TO INDIVIDUALS WITH INSULIN
38 DEPENDENT DIABETES MELLITUS IF THE DEPARTMENT DETERMINES THAT AN APPLICANT HAS
39 MET THE REQUIREMENTS AS SPECIFIED, AND TO REQUIRE THE DEPARTMENT TO PROMULGATE
40 RULES AS NECESSARY TO IMPLEMENT THE PROVISIONS FOR DETERMINING ELIGIBILITY AND
41 ISSUING SUCH WAIVERS.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1323, As Amended in the House
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL BUS DRIVERS; AMENDING SECTION 33-1509, IDAHO CODE, TO PRO-
3 VIDE THAT THE STATE DEPARTMENT OF EDUCATION MAY ISSUE A MEDICAL WAIVER TO
4 INDIVIDUALS WITH INSULIN DEPENDENT DIABETES MELLITUS IF THE DEPARTMENT
5 DETERMINES THAT AN APPLICANT HAS MET THE REQUIREMENTS AS SPECIFIED, AND TO
6 REQUIRE THE DEPARTMENT TO PROMULGATE RULES AS NECESSARY TO IMPLEMENT THE
7 PROVISIONS FOR DETERMINING ELIGIBILITY AND ISSUING SUCH WAIVERS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-1509, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-1509. SCHOOL BUS DRIVERS -- DEFINITION -- QUALIFICATION -- DUTIES. For
12 the purpose of this chapter the term "school bus driver" shall mean any person
13 who at any time is operating a school bus while transporting pupils to or from
14 school, or to or from approved school activities.
15 A board of trustees shall employ school bus drivers only upon prior appli-
16 cation in writing and the board shall require of school bus drivers employed
17 by others who transport pupils of their district under contract, the same
18 information required in such written application. Each application shall con-
19 tain at least the minimum information specified by the state department of
20 education.
21 Any person employed as a school bus driver shall be over the age of eigh-
22 teen (18) years, be of good moral character and not addicted to the use of
23 intoxicants or narcotics. School bus drivers shall be subject to meet the
24 physical examination standards of the federal motor carrier safety regula-
25 tions. Provided however, that individuals with insulin-dependent diabetes
26 mellitus, who are otherwise medically qualified under the physical examination
27 standards of the federal motor carrier safety regulations, may request a
28 waiver for this condition and, in the discretion of the board of trustees, be
29 issued a school bus driver's permit for intrastate transport of pupils to or
30 from school, or to or from approved school activities. Applicants for a waiver
31 under this section shall provide all information and accompanying documenta-
32 tion as required on a form approved by the state department of education. from
33 the state department of education. If the applicant meets the requirements as
34 specified in subsections (1) through (7) of this section, the department shall
35 grant a waiver. The department shall notify each applicant and each affected
36 school district of its determination of eligibility with regard to each appli-
37 cation for a waiver. An applicant shall:
38 (1) Document that he has no other disqualifying conditions including
39 diabetes-related complications;
40 (2) Document that he has had no recurring, two (2) or more, hypoglycemic
41 reactions resulting in a loss of consciousness or seizure within the past five
42 (5) years. A period of one (1) year of demonstrated stability is required fol-
43 lowing the first episode of hypoglycemia;
2
1 (3) Document that he has had no recurrent hypoglycemic reactions requir-
2 ing the assistance of another person within the past five (5) years. A period
3 of one (1) year of demonstrated stability is required following the first epi-
4 sode of hypoglycemia;
5 (4) Document that he has had no recurrent hypoglycemic reactions result-
6 ing in impaired cognitive function that occurred without warning symptoms
7 within the past five (5) years. A period of one (1) year of demonstrated sta-
8 bility is required following the first episode of hypoglycemia;
9 (5) Document that he has been examined by a board-certified or board-
10 eligible endocrinologist who has conducted a complete medical examination. The
11 complete medical examination shall consist of a comprehensive evaluation of
12 the applicant's medical history and current status with a report including the
13 following information:
14 (a) The date insulin use began;
15 (b) Diabetes diagnosis and disease history;
16 (c) Hospitalization records;
17 (d) Consultation notes for diagnostic examinations;
18 (e) Special studies pertaining to the diabetes;
19 (f) Follow-up reports;
20 (g) Reports of any hypoglycemic insulin reactions within the last five
21 (5) years;
22 (h) Two (2) measures of glycosylated hemoglobin, the first ninety (90)
23 days before the last and current measure;
24 (i) Insulin dosages and types, diet utilized for control and any signifi-
25 cant factors such as smoking, alcohol use, and other medications or drugs
26 taken; and
27 (j) Examinations to detect any peripheral neuropathy or circulatory
28 insufficiency of the extremities;
29 (6) Submit a signed statement from an examining endocrinologist indicat-
30 ing the following medical determinations:
31 (a) The endocrinologist is familiar with the applicant's medical history
32 for the past five (5) years, either through actual treatment over that
33 time or through consultation with a physician who has treated the appli-
34 cant during that time;
35 (b) The applicant has been educated in diabetes and its management, thor-
36 oughly informed of and understands the procedures which must be followed
37 to monitor and manage the applicant's diabetes and what procedures should
38 be followed if complications arise; and
39 (c) The applicant has the ability and has demonstrated willingness to
40 properly monitor and manage the applicant's diabetes; and
41 (7) Submit a separate signed statement from an ophthalmologist or optome-
42 trist that the applicant has been examined and that the applicant does not
43 have diabetic retinopathy and meets the vision standard in 49 CFR
44 391.41(b)(10), or has been issued a valid medical exemption. If the applicant
45 has any evidence of diabetic retinopathy, the applicant must be examined by an
46 ophthalmologist and submit a separate signed statement from the ophthalmolo-
47 gist that the applicant does not have unstable advancing disease of blood ves-
48 sels in the retina, known as unstable proliferative diabetic retinopathy.
49 Before entering upon his duties, each school bus driver shall file with the
50 board of trustees a current health certificate. and, if applicable, a waiver
51 request pursuant to this section with all required information and accompany-
52 ing documentation. Subsequent health certificates shall be filed with the fre-
53 quency required by the federal motor carrier safety regulations. School bus
54 drivers shall be physically able to perform all job-related duties.
55 Each school bus driver shall at all times possess a valid and appropriate
3
1 commercial driver's license, including endorsements as specified in section
2 49-105, Idaho Code, and a school bus driver's permit issued by the board of
3 trustees and, if applicable, a waiver for insulin-dependent diabetes mellitus
4 issued by the board of trustees state department of education. The school bus
5 driver's permit shall be in a form approved by the state department of educa-
6 tion and shall be carried on the school bus driver's person or be exhibited in
7 full view when the holder thereof is operating any school bus with pupils
8 therein.
9 The board of trustees may for cause, and after a hearing, revoke any
10 school bus driver's permit or waiver for insulin-dependent diabetes mellitus.
11 Each school bus driver shall maintain such route books and other records
12 as may be required by the state department of education or by the board of
13 trustees of the school district. The school bus driver shall report any pupil
14 whose behavior is such as may endanger the operation of the vehicle, or who
15 damages the same or any part thereof, or whose language is obscene.
16 It shall be the duty of each school bus driver to report any condition on,
17 or bordering, his route which constitutes a hazard to the safety of the pupils
18 being transported.
19 The state department of education shall promulgate rules as necessary for
20 the determination of eligibility and issuance of a waiver to individuals with
21 insulin dependent diabetes mellitus in accordance with the provisions of this
22 section.
STATEMENT OF PURPOSE
RS 13857C1
This proposal amends current law removing the authority of a
district school board to review and accept or reject a special
waiver request when considering hiring a bus driver that is insulin
dependent with Diabetes Mellitus. This amendment will require a
licensed physician, not the school board, to make the determination
about the fitness of a person with diabetes to drive a passenger
school bus. Every bus driver with diabetes applying to be a school
bus driver will still be required to be issued a commercial
driver's license and will also be required to carry an ITD medical
card displaying endorsements and conditions prescribed by the
physician. The effect of this legislation would be to return
medical decisions to physicians instead of a lay board of school
district trustees.
FISCAL NOTE
There would be neither state nor local government fiscal impact.
Current review procedures and staff would be used as with other
commercial driver license applicants.
Contact: Cliff Green or John Watts
Idaho School Board Association
854-1476 or 385-7070
STATEMENT OF PURPOSE/FISCAL NOTE S 1323