![]() ![]() Some applicants may fail to report, or may underreport, alcohol-related driving incidents in response to the civil surgeon’s queries. Where a civil surgeon’s mental status evaluation diagnoses the presence of an alcohol use disorder (abuse or dependence), and where there is evidence of harmful behavior associated with the disorder, a Class A medical condition should be certified on Form I-693. ![]() Operating a motor vehicle under the influence of alcohol is clearly an associated harmful behavior that poses a threat to the property, safety, or welfare of the applicant or others. A record of criminal arrests and/or convictions for alcohol-related driving incidents may constitute evidence of a health-related inadmissibility as a physical or mental disorder with associated harmful behavior. These histories may or may not rise to the level of a criminal ground of inadmissibility. In the course of adjudicating benefit applications, officers frequently encounter criminal histories that include arrests and/or convictions for alcohol-related driving incidents, such as DUI (driving under the influence) and DWI (driving while intoxicated). ![]() ![]() The harmful behavior must be such that it poses, has posed, or is likely to pose a threat to the property, safety, or welfare of the applicant or others. As a result, an applicant with an alcohol use disorder will not be deemed inadmissible unless there is current associated harmful behavior or past associated harmful behavior likely to recur. Therefore, alcohol use disorders are treated as a physical or mental disorder for purposes of determining inadmissibility. B. Relevance of Alcohol-Related Driving Arrests or Convictions 1. Alcohol Use and DrivingĪlcohol is not listed in Section 202 of the Controlled Substances Act. An officer, however, should not find an applicant inadmissible for “drug abuse/addiction” if a non-controlled substance is involved. Under prior Technical Instructions and the Jor older versions of the form, these conditions were summarized under the drug abuse/addiction part of the form. Under the Technical Instructions, a diagnosis of substance abuse/addiction for a substance that is not listed in Section 202 of the Controlled Substances Act (with current associated harmful behavior or a history of associated harmful behavior judged likely to recur) is classified as a mental disorder. Officers should consult the Technical Instructions for additional information, if needed. Officers should consult the Technical Instructions for additional information, if needed.Ī mental disorder is a currently accepted psychiatric diagnosis, as defined by the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or by another authoritative source as determined by the Director. Harmful behavior is defined as behavior that may pose, or has posed, a threat to the property, safety, or welfare of the applicant or others.Ī physical disorder is a currently accepted medical diagnosis as defined by the current edition of the Manual of International Classification of Diseases, Injuries, and Causes of Death published by the World Health Organization or by another authoritative source as determined by the Director. Neither harmful behavior nor a physical or mental disorder alone renders an applicant inadmissible on this ground. There must be both a physical or mental disorder and harmful behavior to make an applicant inadmissible based on this ground. Past physical or mental disorders, with associated harmful behavior that is likely to recur or lead to other harmful behavior. The inadmissibility ground is divided into two subcategories:Ĭurrent physical or mental disorders, with associated harmful behavior. A. Physical or Mental Disorders with Associated Harmful Behavior Īpplicants who have physical or mental disorders and harmful behavior associated with those disorders are inadmissible. ![]()
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