§ 31-10-44 - Medical advisory board.
SECTION 31-10-44
§ 31-10-44 Medical advisory board. –(a) There shall be established within the division of motor vehicles a medicaladvisory board to function solely as an advisory panel to the administrator ofthe division of motor vehicles on the subjects of physical and mental fitnessstandards for licensure to operate a motor vehicle and eligibility standardsfor disability parking privileges. When any person's eligibility or continuingeligibility for a license is questioned on the grounds of physical or mentalfitness, the administrator of the division of motor vehicles may consult withrelevant specialist members of the medical advisory board in determining thatperson's qualifications to operate a motor vehicle. The administrator of thedivision of motor vehicles may also consult with relevant specialist members ofthe medical advisory board in making determinations of eligibility fordisability parking privileges.
(b) In accordance with chapter 35 of title 42, theadministrator of the division of motor vehicles shall establish by regulationsfunctional standards for determining physical and mental fitness for motorvehicle licensure. The promulgated standards will be based on current medicalknowledge and objective data regarding fitness to safely operate motorvehicles, and will conform to the requirements of the Americans WithDisabilities Acts and chapter 87 of title 42. In developing those functionalstandards the administrator of the division of motor vehicles shall consultwith knowledgeable health and rehabilitation professionals including theMedical Society of Rhode Island and the medical advisory board.
(c) The medical board shall consist of a physician in generalpractice, a neurologist, a psychiatrist, an optometrist, and an orthopedicphysician who shall be appointed by the governor; a physician from the RhodeIsland department of health designated by the director of health who shallserve ex officio; and two (2) members of the general public approved by thegovernor, one of whom shall be representative of the elderly, and one of whomshall be representative of the people who are disabled. These members shall beappointed for a period of three (3) years.
(d) Any physician or optometrist who diagnoses a physical ormental condition which in the physician's or optometrist's judgment willsignificantly impair the person's ability to operate safely a motor vehicle mayvoluntarily report the person's name and other information relevant to thecondition to the medical advisory board within the division of motor vehicles.
(e) Any physician or optometrist reporting in good faith andexercising due care shall have immunity from any liability, civil or criminal,that otherwise might result by reason of his or her actions pursuant to thissection. No cause of action may be brought against any physician or optometristfor not making a report pursuant to this section.
(f) For the purposes of this section, a "physician" is anyperson practicing medicine requiring a license pursuant to chapter 37 of title5, and an "optometrist" is any person as defined in § 5-35-1.
(g) Members of the medical board shall not be compensated fortheir services on the board. They shall meet at the request of theadministrator of the division of motor vehicles at a time convenient to them.