2015 -- S 0564

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LC001380

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'

LICENSES

     Introduced By: Senators McCaffrey, Lynch, and Walaska

     Date Introduced: March 03, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-10-44 of the General Laws in Chapter 31-10 entitled "Operators'

and Chauffeurs' Licenses" is hereby amended to read as follows:

     31-10-44. Medical advisory board. -- (a) There shall be established within the division

of motor vehicles a medical advisory board to function solely as an advisory panel to the

administrator of the division of motor vehicles on the subjects of physical and mental fitness

standards for licensure to operate a motor vehicle and eligibility standards for disability parking

privileges. When any person's eligibility or continuing eligibility for a license is questioned on the

grounds of physical or mental fitness, the administrator of the division of motor vehicles may

consult with relevant specialist members of the medical advisory board in determining that

person's qualifications to operate a motor vehicle. The administrator of the division of motor

vehicles may also consult with relevant specialist members of the medical advisory board in

making determinations of eligibility for disability parking privileges.

      (b) In accordance with chapter 35 of title 42, the administrator of the division of motor

vehicles shall establish by regulations functional standards for determining physical and mental

fitness for motor vehicle licensure. The promulgated standards will be based on current medical

knowledge and objective data regarding fitness to safely operate motor vehicles, and will conform

to the requirements of the Americans With Disabilities Acts and chapter 87 of title 42. In

developing those functional standards the administrator of the division of motor vehicles shall

consult with knowledgeable health and rehabilitation professionals including the Medical Society

of Rhode Island and the medical advisory board.

      (c) The medical board shall consist of a physician in general practice, a neurologist, a

psychiatrist, an optometrist, and an orthopedic physician who shall be appointed by the governor;

a physician from the Rhode Island department of health designated by the director of health who

shall serve ex officio; and two (2) members of the general public approved by the governor, one

of whom shall be representative of the elderly, and one of whom shall be representative of the

people who are disabled. These members shall be appointed for a period of three (3) years.

      (d) Any physician or optometrist who diagnoses a physical or mental condition which in

the physician's or optometrist's judgment will significantly impair the person's ability to operate

safely a motor vehicle may voluntarily report the person's name and other information relevant to

the condition to the medical advisory board within the division of motor vehicles.

      (e) Any physician or optometrist reporting in good faith and exercising due care shall

have immunity from any liability, civil or criminal, that otherwise might result by reason of his or

her actions pursuant to this section. No cause of action may be brought against any physician or

optometrist for not making a report pursuant to this section.

      (f) For the purposes of this section, a "physician" is any person practicing medicine

requiring a license pursuant to chapter 37 of title 5, and an "optometrist" is any person as defined

in § 5-35-1.

      (g) Members of the medical board shall not be compensated for their services on the

board. They shall meet at the request of the administrator of the division of motor vehicles at a

time convenient to them.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'

LICENSES

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     This act would abrogate the immunity of a physician or optometrist for failure to report a

physical or mental condition which would impair a person's ability to operate a motor vehicle to

the motor vehicle advisory board within the division of motor vehicles.

     This act would take effect upon passage.

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