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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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