Before the late 1940s, all persons with epilepsy were prohibited from driving because of the potential for sudden loss of consciousness and the risk of a motor vehicle crash (MVC). With the development of antiepileptic medications and electroencephalography, this prohibition was modified to allow epileptics in “good control” to drive. Licensing and physician-reporting requirements for epileptic drivers now vary considerably from state to state. Six states (California, Delaware, Nevada, New Jersey, Oregon, and Pennsylvania) require mandatory physician reporting of patients with seizures to regulatory authorities. Three of these states specifically mention epilepsy in their statutes, and the other 3 require that any condition resulting in “lapses of consciousness” be reported to the licensing agency. The remaining states typically require the patient to self-report or face civil liability, criminal liability, or both. Table 1 summarizes each state’s licensing requirements for patients with seizures. Although regulating driving privileges of epileptic patients may seem beneficial, it actually hinders optimal medical management and may increase the risk of traffic accidents. This article contrasts the relative risk of MVCs for epileptic drivers versus other less regulated conditions, discusses the negative effect reporting statutes have on epileptic patients and society, and recommends eliminating physician reporting of epileptic patients to driver-licensing authorities. (Author/publisher)
Abstract