California Doctor Reporting to the DMV: Lapses of Consciousness

A California Highway Patrol Ford SUV parked in front of the Golden Gate Bridge.

Photo: California Highway Patrol, Public domain, via Wikimedia Commons

Yes, in California a doctor must report you if you have been diagnosed with a disorder characterized by lapses of consciousness, such as epilepsy, and you are 14 or older. Under Health and Safety Code section 103900, the physician reports to the local health officer, who passes the report to the DMV. The DMV then evaluates you. A report does not automatically cost you your permit or license: outcomes range from no action to medical probation, suspension or revocation.

What the law requires

  • Who reports: physicians and surgeons.
  • Who is covered: patients 14 or older diagnosed with a disorder characterized by lapses of consciousness.
  • Where it goes: to the local health officer, in writing, with the patient’s name, date of birth and address. The health officer reports to the DMV.
  • Alzheimer’s and related disorders severe enough to affect driving are included in the definition.
  • Confidentiality: reports are confidential and used only to decide whether a person can drive.
  • Protection for doctors: a physician is not civilly or criminally liable to a patient for making a required or authorized report.

A 2023 to 2024 bill (SB 357) would have made physician reporting discretionary. It did not become law, so the mandatory duty remains. Check the current position with the DMV if you are reading this later.

Which conditions count?

The California DMV describes a lapse of consciousness (LOC) disorder as one that causes you to lose consciousness or awareness for a period of time. Its examples:

  • epilepsy (the most common cause)
  • seizures from other causes, such as trauma, tumors, infections or stroke
  • metabolic imbalances, such as diabetic comas
  • sleep disorders such as narcolepsy

Whether a particular diagnosis is reportable is a decision for your doctor.

What the DMV does after a report

  1. Evaluation. The DMV must evaluate a driver reported with an LOC disorder before deciding what to do.
  2. Medical information. You may be asked to have your doctor complete a Driver Medical Evaluation (DS 326).
  3. Re-examination. You may be asked to attend a re-examination with a hearing officer.
  4. Decision:
    • no action
    • medical probation
    • suspension
    • revocation

What medical probation can involve

  • sending in a DS 326 or other form on a schedule
  • appearing for re-examinations
  • reporting changes in your health
  • limits on when or where you drive

Under Vehicle Code section 14251, the DMV can end or change probation conditions when there is good cause. If a condition seems unstable or information appears false, it can ask for a new DS 326, schedule a re-examination or suspend immediately.

Teen permit applicants with epilepsy

  • Because the duty starts at 14, the DMV may already have a report before your permit visit. Ask your neurologist early whether a report was made and what the DMV is likely to need.
  • Bring a completed DS 326 if the DMV sent one. It can save a second trip.
  • Ask the DMV about seizure-free periods. Decisions depend on your doctor’s information and the type of condition. See seizure-free periods by state.
  • The usual permit steps still apply: see learning to drive in California.

Medical questions about your own condition are for your doctor. This guide covers licensing rules only.

How California compares

California is one of five states with a mandatory physician reporting duty. The others are Nevada, New Jersey, Oregon and Pennsylvania. A 2024 JAMA Network Open study also counted Delaware, which moved to voluntary reporting in August 2024 (July 2026 Delaware Driver Manual). See does your doctor have to report you to the DMV? and the US guide to driving with a medical condition or disability.

Sources

  • California Legislative Information, “Health and Safety Code section 103900” (leginfo.legislature.ca.gov)
  • California Legislative Information, “SB-357 Vehicles: physician and surgeon reporting” bill status (leginfo.legislature.ca.gov)
  • California DMV, “Lapse of Consciousness Disorders” (dmv.ca.gov)
  • California DMV, “Driver Medical Evaluation (DS 326)” (dmv.ca.gov)
  • Tran and Lee, “Reporting Requirements, Confidentiality, and Legal Immunity for Physicians Who Report Medically Impaired Drivers”, JAMA Network Open, 2024 (jamanetwork.com)