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§47-6-118.
§47-6-118.
A. There is hereby created a Driver's License Medical Advisory
Committee whose membership, beginning January 1, 1991, shall be
composed of two members appointed by the State Commissioner of Public
Health, two members appointed by the Commissioner of Public Safety,
one member appointed by the Governor, one member appointed by the
President Pro Tempore of the Senate, and one member appointed by the
Speaker of the House of Representatives. The terms of the present
members of the committee shall expire on January 1, 1991. Beginning
January 1, 1991, one member appointed by the State Commissioner of
Public Health, one member appointed by the Commissioner of Public
Safety and the member appointed by the Governor shall each serve two
(2) years and one member appointed by the State Commissioner of Public
Health, one member appointed by the Commissioner of Public Safety, the
member appointed by the President Pro Tempore of the Senate and the
member appointed by the Speaker of the House of Representatives shall
each serve three (3) years. The terms of the seven (7) members of the
committee shall expire on the first day of January of the year in
which the term of each member expires. The personnel of the Board
shall include but not be limited to, an internist, vision specialist,
orthopedic surgeon, neurologist, and psychiatrist. Members of the
Committee shall serve in the interest of public health, safety and
welfare, without compensation for their services. The Committee shall
meet from time to time as its duties may require, or when called by
the Commissioner of Public Safety. The Committee may use additional
medical doctors, psychologists or medical support specialists and
delegate the authority to act and recommend action on behalf of the
Committee when such delegation is approved by the Commissioner of
Public Safety.
B. The Committee shall recommend standards for determining the
physical, emotional and mental capacity of applicants for driver's
licenses and holders of driver's licenses, and submit the recommended
standards to the Commissioner of Public Safety for adoption. The
Commissioner shall also solicit input on the recommended standards
from select medical professional organizations including, but not
limited to, the American Diabetes Association and the American Heart
Association before adopting such standards. In cases of ailment or
disability not specifically covered by the adopted standards, the
Committee may consider each case or delegate consideration of the case
to its selected representative and may consider the individual's own
compensating abilities in making its recommendations to the Department
of Public Safety.
C. The Commissioner of Public Safety shall give due consideration to
the findings and recommendations of the Committee, which may be used,
together with other available information, in determining the
applicant's or licensee's ability to operate a motor vehicle with a
reasonable degree of safety and in accordance with established
standards of the Department of Public Safety. The Department may
require physical, psychological, vision, written or driving tests when
necessary to make a determination pursuant to this section. Such
findings and recommendations shall be considered with other evidence
in determining whether the license should be canceled or denied.
D. Any person whose driver's license is canceled or who is denied a
driver's license under the provisions of this section shall have the
right to an appeal as provided for in Section 6-211 of this title. The
findings and recommendations of the Committee or its selected
representative, in written or oral form shall be admissible as
evidence and shall be considered by the court in determining whether
the action of the Department was justified.
E. Members of the Driver's License Medical Advisory Committee or its
selected representative shall not be held liable for their requested
standards, opinions and recommendations presented in good faith, for
consideration by the Department of Public Safety or consideration by
the court.
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