Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 184 First Substitute (2018GS)

Sponsor

Rep. Ward, R.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends provisions requiring an applicant for a driver license to complete a form to disclose a physical, mental, or emotional condition that may affect the individual's ability to safely operate a motor vehicle;
• provides the medical portion of the form for a driver license applicant;
• requires a medical professional to evaluate certain applicants and complete a form in certain circumstances;
• provides a portion of the form for the medical professional to complete after the evaluation;
• allows the Medical Advising Board to amend the forms by unanimous vote and after a report to the Health and Human Services Interim Committee; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVER LICENSE FORM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: 
 Brian Zehnder
LONG TITLE
General Description:
This bill requires completion of certain forms related to physical, mental, and emotional
fitness to operate a motor vehicle upon application for a driver license.
Highlighted Provisions:
This bill:
▸ amends provisions requiring an applicant for a driver license to complete a form to
disclose a physical, mental, or emotional condition that may affect the individual's
ability to safely operate a motor vehicle;
▸ provides the medical portion of the form for a driver license applicant;
▸ requires a medical professional to evaluate certain applicants and complete a form
in certain circumstances;
▸ provides a portion of the form for the medical professional to complete after the
evaluation;
▸ allows the Medical Advising Board to amend the forms by unanimous vote and
after a report to the Health and Human Services Interim Committee; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-303
, as last amended by Laws of Utah 2010, Chapter 286
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-303
 is amended to read:
53-3-303.
Driver License Medical Advisory Board -- Membership -- Guidelines
for licensing impaired persons -- Recommendations to division.
(1) There is created within the division the Driver License Medical Advisory Board.
(2) (a) The board is comprised of three regular members appointed by the
Commissioner of Public Safety to four-year terms.
(b) The board shall be assisted by expert panel members nominated by the board as
necessary and as approved by the Commissioner of Public Safety.
(c) Notwithstanding the requirements of Subsection (2)(a), the executive director shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of board members are staggered so that approximately half of the board is appointed every two
years.
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(e) The expert panel members shall recommend medical standards in the areas of the
panel members' special competence for determining the physical, mental, and emotional
capabilities of applicants for licenses and licensees.
(3) In reviewing individual cases, a panel acting with the authority of the board consists
of at least two members, of which at least one is a regular board member.
(4) The director of the division or his designee serves as secretary to the board and its
panels.
(5) Members of the board and expert panel members nominated by them shall be health
care professionals.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) The board shall meet from time to time when called by the director of the division.
(8) (a) The board shall recommend guidelines and standards for determining the
physical, mental, and emotional capabilities of applicants for licenses and for licensees.
(b) The guidelines and standards are applicable to all Utah licensees and for all
individuals who hold learner permits and are participating in driving activities in all forms of
driver education.
(c) The guidelines and standards shall be published by the division.
(9) If the division has reason to believe that an applicant or licensee is an impaired
person, it may:
(a) act upon the matter based upon the published guidelines and standards; or
(b) convene a panel to consider the matter and submit findings and a recommendation;
the division shall consider the recommendation along with other evidence in determining
whether a license should be suspended, revoked, denied, disqualified, canceled, or restricted.
(10) (a) If the division has acted under Subsection (9) to suspend, revoke, deny,
disqualify, cancel, or restrict the driving privilege without the convening of a panel, the
affected applicant or licensee may within 10 days of receiving notice of the action request in a
manner prescribed by the division a review of the division's action by a panel.
(b) The panel shall review the matters and make written findings and conclusions.
(c) The division shall affirm or modify its previous action.
(11) (a) Actions of the division are subject to judicial review as provided in this part.
(b) The guidelines, standards, findings, conclusions, and recommendations of the board
or of a panel are admissible as evidence in any judicial review.
(12) Members of the board and its panels incur no liability for recommendations,
findings, conclusions, or for other acts performed in good faith and incidental to membership
on the board or a panel.
(13) 
(a)
 [
The
] 
Except as provided in Subsection (15), the
 division shall provide [
forms
]
a form including the information described in Subsection (13)(b)
 for the use of health care
professionals in depicting the medical history of any physical, mental, or emotional impairment
affecting the applicant's or licensee's ability to drive a motor vehicle.
(b) The contents of the form provided to health care professionals shall include the
following:
What medical condition or event is of concern?___________________________
In your medical opinion is the individual safe to continue to drive? (circle one or more
as appropriate)
1. No
2. Yes (no restrictions on license and no requirement to complete this form in
the future based solely on current medical condition)
3. Yes, safe to continue to drive, but does require follow up to reconsider this
form. The next time this form should be required is in (circle or write in):
One year
 Six months
Other interval________________
4. Yes, but would recommend the following restrictions on license (circle or
comment):
Speed________________
Daylight only
Area driving only
Only when accompanied by another licensed driver
Other__________________________________________
5. Unclear if safe to drive, I would recommend a driving skills test
6. I would like to discuss with a representative of the Driver License Division
or the Driver License Medical Advisory Board. I may be reached at:
Phone number___________________
Email address____________________
Other comment___________________________________________
(14) (a) (i) 
The division shall require each individual applying for a driver license to
complete a form containing questions regarding physical, mental, or emotional conditions that
may impact the individual's ability to safely operate a motor vehicle.
(ii) The medical portion of the form described in Subsection (14)(a)(i) shall be
substantially in the following form:
Do you have a medical condition that might cause you to suddenly lose consciousness
or otherwise lose control of the car?
1. No
2. Yes
If yes, what is the condition?_________________________
In the last 5 years have you had an automobile accident or lost control while driving
because of a medical condition?
1. No
2. Yes
If yes, what happened? ________________________________
Do you have a diagnosis of seizures?
1. No
2. Yes
Do you use insulin to treat diabetes?
1. No
2. Yes
Vision:
Do you wear glasses or contact lenses for driving?
1. No
2. Yes
Is your visual acuity worse than 20/40 in the better eye, even with corrective lenses?
1. No
2. Yes
Do you have a degenerative or progressive eye condition?
1. No
2. Yes
Have you experienced a decrease in peripheral (side) vision?
1. No
2. Yes
(iii)
 Individuals who apply for or hold a license and have, or develop, or suspect that
they have developed a physical, mental, or emotional impairment that may affect driving safety
are responsible for reporting this to the division or its agent.
[
(ii)
] 
(iv)
 If there is uncertainty, the individual is expected to seek competent medical
evaluation and advice as to the significance of the impairment as it relates to driving safety, and
to refrain from driving until a clarification is made.
(b) Health care professionals who care for patients with physical, mental, or emotional
impairments that may affect their driving safety, whether defined by published guidelines and
standards or not, are responsible for making available to their patients without reservation their
recommendations and appropriate information related to driving safety and responsibilities.
(c) A health care professional or other person who becomes aware of a physical,
mental, or emotional impairment that appears to present an imminent threat to driving safety
and reports this information to the division in good faith has immunity from any damages
claimed as a result of making the report.
(15) The board may modify the substantive, health-related portions of a form described
in Subsection (13)(b) or (14)(a)(ii) if the proposed changes:
(a) receive a unanimous vote of the members of the board; and
(b) are presented in a report to the Health and Human Services Interim Committee.
Legislative Review Note
Office of Legislative Research and General Counsel