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§47-6-207.
§47-6-207.
Whenever the Department of Public Safety is furnished with information
or, from the records on file in the Department, it is established that
the holder of a driver's license is afflicted with a physical disease
with a history of seizures, or mental disease, or momentary lapses of
consciousness or any other ailment which may result in temporary loss
of control or partial control of a motor vehicle, the Department may,
in its discretion, execute an order of cancellation of any driver's
license issued to such individual, or, should such information be
available at the time of application for a driver's license, the
Department may execute an order denying the issuance of said license
to any such individual and shall cause any such license that may have
been issued to be picked up or to be delivered to the Department of
Public Safety as specified for other such orders. Every physician or
surgeon, including doctors of medicine and osteopathy, examining,
attending or treating an individual for any illness or injury that
would impair the ability of the individual in any manner as to affect
the performance of the person to operate a motor vehicle, may make a
written report of the diagnosis to the State Department of Public
Safety. The Department may, in its discretion, suspend or cancel the
license of such person for such period of time as in its judgment is
justified.
In addition thereto, any person or physician or any medical personnel
participating in good faith and without negligence or malicious intent
in making of a report pursuant to this act shall have the immunity
from civil liability that might otherwise be incurred or imposed. Any
such participant shall have the same immunity with respect to
participation in any judicial proceeding resulting from such report.
Provided further that, in any proceeding resulting from a report made
pursuant to this act or in any proceeding where such a report or any
contents thereof are sought to be introduced in evidence, such report
or contents or any other fact or facts related thereto, or the
condition of the individual who is the subject of the report shall
only be admitted in evidence in actions regarding the revocation,
suspension, cancellation or denial of the subject's driver's license
and shall not be considered to be a public record provided that the
report shall not be excluded on the ground that the matter is or may
be the subject of a physician-patient privilege or similar privilege
or rule against disclosure.
Any person whose license has been canceled or denied under the
provisions of this section shall have the right of appeal from said
order, as provided under Section 6-211 of this title.
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