Understanding California’s DMV Morbidity Reporting Requirements for Healthcare Providers
Disclaimer:
The information provided in this article is for general educational and informational purposes only and is not intended to serve as legal, medical, or regulatory advice. While every effort has been made to ensure the accuracy of the content at the time of publication, healthcare providers should consult the most current laws, institutional policies, and regulatory guidelines applicable to their practice.
AdventureRx, LLC and the author(s) of this content assume no liability for actions taken or not taken based on the information provided herein. For legal or clinical questions regarding DMV reporting requirements, please consult with your organization’s risk management department, legal counsel, or the California Department of Motor Vehicles.
Healthcare professionals in California have a legal responsibility to report medical conditions that may impair a person’s ability to drive safely. In emergency departments, one common scenario is when a patient presents after a seizure, syncopal episode, or another event involving a loss of consciousness. Under state law, certain conditions must be reported to the California Department of Motor Vehicles (DMV) to ensure the safety of both the patient and the public.
California Health & Safety Code § 103900
According to California Health and Safety Code § 103900, physicians and surgeons are mandated to report any patient diagnosed with a disorder characterized by a lapse of consciousness or control that may impact the safe operation of a motor vehicle (California Legislative Information, n.d.). This includes:
Epilepsy and seizure disorders
Unexplained or recurrent syncopal events
Medical conditions that cause sudden alterations in awareness or motor control, such as hypoglycemia or certain cardiac arrhythmias
Who Must Report?
Under California law:
Physicians and surgeons are required to report relevant medical conditions to the DMV (California Legislative Information, n.d.).
Nurse practitioners, physician assistants, and other providers may report on a voluntary basis (California DMV, 2021).
Hospitals are not required to report; the legal obligation is assigned to individual clinicians, particularly physicians.
Case managers and emergency department staff should be aware of this distinction, particularly when coordinating discharge plans that involve ongoing outpatient follow-up for neurological or cardiac evaluation.
When to Report
The decision to report should be based on clinical judgment, supported by the likelihood that the medical condition may impair the patient’s ability to safely operate a motor vehicle. Key reportable situations include:
A first-time seizure with no identifiable cause
Recurrent syncope where no benign explanation exists
Diagnosed epilepsy or seizure disorder
Any condition known to cause intermittent loss of consciousness, such as advanced diabetes with hypoglycemic unawareness or significant arrhythmias (California DMV, 2021)
If the episode is transient, explained, and not likely to recur, such as vasovagal syncope with clear triggers, reporting may not be necessary. However, providers must carefully document their reasoning.
How to Report
Reports are submitted using the Driver Medical Evaluation (DS 326) form, available on the DMV’s website. This form allows the clinician to describe the diagnosis, treatment, and any limitations or precautions recommended (California DMV, 2020).
📝 Form link: DMV DS 326 – Driver Medical Evaluation
Completed forms should be sent to the Driver Safety Branch of the DMV. This can be done via mail or fax; the form includes specific submission instructions.
Legal Protections
The California statute provides legal immunity for providers who report in good faith, shielding them from civil or criminal liability (California Legislative Information, n.d.). This protection is important in emergency settings, where rapid decisions are often necessary, and a patient’s capacity for safe driving is uncertain.
Case Example: A Syncope Event in the ED
Consider a 75-year-old woman who collapses at home and is brought to the ED. She is alert and oriented upon arrival, but the syncopal episode is unexplained. Her telemetry reveals an episode of bradycardia, and she is scheduled for a pacemaker.
In this case, because the event was related to a treatable cardiac condition, reporting may still be prudent. If driving prior to treatment poses a safety risk, it is within the provider's duty to notify the DMV (Epilepsy Foundation, 2023). Documentation should include the date of the report and a summary of the clinical rationale.
What About Driving Privileges?
Once a report is received, the DMV evaluates the information and may:
Request further documentation from the provider
Require a driving test or medical re-evaluation
Place restrictions on or suspend the license
The DMV makes the final determination regarding driving privileges—not the provider (California DMV, 2021).
Best Practices for Documentation and Communication
Clearly document whether or not a DMV report was submitted, and why.
Use the DS 326 form when required and include a copy in the patient’s chart.
Educate patients about the DMV process when appropriate.
Collaborate with case management and social work teams to identify post-discharge safety concerns, including transportation or follow-up.
Implications for Case Managers: Supporting Safe Transitions of Care
Understanding California’s DMV morbidity reporting laws is essential for safe, ethical, and legally compliant patient care. While reporting may feel uncomfortable, especially in emergency settings, it is a legal duty for physicians and an important step in promoting public safety.
Although case managers are not responsible for reporting to the DMV, they play a critical supportive role in the overall process. Case managers ensure that once a medical condition potentially affecting driving safety is identified, the appropriate follow-up care is coordinated. This includes:
Confirming that a plan is in place for patients who may no longer be safe to drive
Coordinating outpatient referrals, such as neurology, cardiology, or primary care, to further assess driving safety
Arranging alternative transportation resources, home health, or community-based support when a patient's driving status is in question
Documenting communication and discharge planning to support a safe and informed transition of care
While the legal responsibility to report lies with the physician, case managers play a vital role in ensuring that the patient’s ongoing needs are addressed following a reportable event. Their focus is not on the act of reporting itself, but on supporting the patient through appropriate follow-up care, facilitating safe discharge planning, and helping mitigate the impact of any driving restrictions. By advocating for continuity of care and ensuring that transportation barriers or outpatient follow-up are proactively managed, case managers help uphold both patient safety and dignity during transitions in care.
References
California Department of Motor Vehicles. (2020). Driver medical evaluation (Form DS 326). https://www.dmv.ca.gov/portal/uploads/2020/06/ds326.pdf
California Department of Motor Vehicles. (2021). Driver medical conditions and reporting. https://www.dmv.ca.gov/portal/driver-education-and-safety/medical-conditions-and-driving/
California Legislative Information. (n.d.). California Health and Safety Code § 103900. Retrieved June 12, 2025, from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=103900.&lawCode=HSC
Epilepsy Foundation. (2023). Driving laws by state: California. https://www.epilepsy.com/living-epilepsy/independent-living/driving-and-transportation/driving-laws-state/california
