This document includes House Floor Amendments incorporated into the bill on Fri, Feb 16, 2018 at 3:30 PM by lerror.
This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 27, 2018 at 9:41 AM by estauffer.
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7 LONG TITLE
8 General Description:
9 This bill requires inclusion of certain information on forms related to health conditions
10 required by the Driver License Division.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the Driver License Division to include certain information on the form for
14 health care professionals evaluating applicants for a driver license;
15 ▸ restricts follow-up evaluations for certain health conditions;
16 ▸ allows the health care professional to recommend the interval of follow-up
17 evaluations;
18 ▸ requires the form for health care professionals to contain certain information; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 53-3-303, as last amended by Laws of Utah 2010, Chapter 286
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53-3-303 is amended to read:
30 53-3-303. Driver License Medical Advisory Board -- Membership -- Guidelines
31 for licensing impaired persons -- Recommendations to division.
32 (1) There is created within the division the Driver License Medical Advisory Board.
33 (2) (a) The board is comprised of three regular members appointed by the
34 Commissioner of Public Safety to four-year terms.
35 (b) The board shall be assisted by expert panel members nominated by the board as
36 necessary and as approved by the Commissioner of Public Safety.
37 (c) Notwithstanding the requirements of Subsection (2)(a), the executive director shall,
38 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
39 of board members are staggered so that approximately half of the board is appointed every two
40 years.
41 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
42 appointed for the unexpired term.
43 (e) The expert panel members shall recommend medical standards in the areas of the
44 panel members' special competence for determining the physical, mental, and emotional
45 capabilities of applicants for licenses and licensees.
46 (3) In reviewing individual cases, a panel acting with the authority of the board consists
47 of at least two members, of which at least one is a regular board member.
48 (4) The director of the division or his designee serves as secretary to the board and its
49 panels.
50 (5) Members of the board and expert panel members nominated by them shall be health
51 care professionals.
52 (6) A member may not receive compensation or benefits for the member's service, but
53 may receive per diem and travel expenses in accordance with:
54 (a) Section 63A-3-106;
55 (b) Section 63A-3-107; and
56 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
57 63A-3-107.
58 (7) The board shall meet from time to time when called by the director of the division.
59 (8) (a) The board shall recommend guidelines and standards for determining the
60 physical, mental, and emotional capabilities of applicants for licenses and for licensees.
61 (b) The guidelines and standards are applicable to all Utah licensees and for all
62 individuals who hold learner permits and are participating in driving activities in all forms of
63 driver education.
64 (c) The guidelines and standards shall be published by the division.
65 (9) If the division has reason to believe that an applicant or licensee is an impaired
66 person, it may:
67 (a) act upon the matter based upon the published guidelines and standards; or
68 (b) convene a panel to consider the matter and submit findings and a recommendation;
69 the division shall consider the recommendation along with other evidence in determining
70 whether a license should be suspended, revoked, denied, disqualified, canceled, or restricted.
71 (10) (a) If the division has acted under Subsection (9) to suspend, revoke, deny,
72 disqualify, cancel, or restrict the driving privilege without the convening of a panel, the
73 affected applicant or licensee may within 10 days of receiving notice of the action request in a
74 manner prescribed by the division a review of the division's action by a panel.
75 (b) The panel shall review the matters and make written findings and conclusions.
76 (c) The division shall affirm or modify its previous action.
77 (11) (a) Actions of the division are subject to judicial review as provided in this part.
78 (b) The guidelines, standards, findings, conclusions, and recommendations of the board
79 or of a panel are admissible as evidence in any judicial review.
80 (12) Members of the board and its panels incur no liability for recommendations,
81 findings, conclusions, or for other acts performed in good faith and incidental to membership
82 on the board or a panel.
83 (13) (a) The division shall provide forms for the use of health care professionals in
84 depicting the medical history of any physical, mental, or emotional impairment affecting the
85 applicant's or licensee's ability to drive a motor vehicle.
86 (b) If a form described in Subsection (13)(a) requires a health care professional to
87 choose between various options to indicate the level of severity of an individual's health
88 condition, the form shall include a key or a link to a website with a key that provides:
89 (i) a description of the severity of illness corresponding to each option on the form;
90 (ii) what follow up the division may require based on the option selected; and
91 (iii) the interval before the next time the division will require the health care
92 professional to complete the form for the applicant.
93 (c) A form described in Subsection (13)(a) shall:
94 (i) explicitly allow the health care professional the option to recommend a follow-up
95 interval for the next time the health care professional should complete a medical form for the
96 individual; and
97 (ii) include the option for the health care professional to recommend that an evaluation
98 and completion of the form is not needed until the individual next renews the individual's
99 driver license.
99a Ĥ→ (d) If the division receives multiple forms described in this Subsection (13) from a health
99b care professional for an individual, the division Ŝ→ [
99b1 most recently completed
99c form. ←Ĥ
100 (14) (a) (i) The division may require each individual applying for a driver license to
101 complete a form containing questions regarding physical, mental, or emotional conditions that
102 may impact the individual's ability to safely operate a motor vehicle.
103 (ii) The division may not require any medical follow up for the following medical
104 conditions based on responses to the form described in Subsection (14)(a)(i):
105 (A) hypertension; or
106 (B) non-insulin dependent diabetes.
107 (iii) Individuals who apply for or hold a license and have, or develop, or suspect that
108 they have developed a physical, mental, or emotional impairment that may affect driving safety
109 are responsible for reporting this to the division or its agent.
110 [
111 evaluation and advice as to the significance of the impairment as it relates to driving safety, and
112 to refrain from driving until a clarification is made.
113 (b) Health care professionals who care for patients with physical, mental, or emotional
114 impairments that may affect their driving safety, whether defined by published guidelines and
115 standards or not, are responsible for making available to their patients without reservation their
116 recommendations and appropriate information related to driving safety and responsibilities.
117 (c) A health care professional or other person who becomes aware of a physical,
118 mental, or emotional impairment that appears to present an imminent threat to driving safety
119 and reports this information to the division in good faith has immunity from any damages
120 claimed as a result of making the report.