Be it enacted by the General Assembly of Virginia:
1. That §§46.2-204, 46.2-315, and 46.2-322 of the Code of Virginia are amended and reenacted as follows:
§46.2-204. Medical Advisory Board.
For the purpose of enabling the Department of Motor Vehicles to comply with its responsibilities under this title, there is hereby created a Medical Advisory Board for the Department. The Board shall consist of seven licensed physicians currently practicing medicine in Virginia appointed by the Governor. Appointments to the Board shall be for four-year terms and vacancies shall be filled by appointment for the unexpired portion of a term. The Governor shall designate the chairman of the Board.
The Commissioner may refer to the Board for an advisory
opinion the case of any person applying for a driver's license or renewal
thereof, or of any person whose license has been suspended or revoked, or of
any person being examined under the provisions of §46.2-322, when he has cause
to believe that such person suffers from a physical or
mental disability or disease which will prevent his exercising is unable to exercise
reasonable and ordinary control over a motor vehicle while driving it on the
highways. The Medical Advisory Board shall provide guidance and recommendations
to the Department regarding any case of a person examined under the provisions
of §46.2-322 who appeals the outcome of the examination pursuant to §46.2-321
if the basis for such appeal is related to the medical evidence in the case.
However, appeals related to the examinee's (i) failure to follow procedures,
(ii) failure to pass knowledge or behind-the-wheel tests, or (iii) evaluation
by a driver rehabilitation specialist are not required to be referred to the
Board. The Board shall submit to the Department its recommendations for
consideration prior to the scheduled appeal proceedings. In addition, the Board
shall assist the Commissioner through the development of medical and health
standards for use in the issuance of driver's licenses by the Department to
avoid the issuance of licenses to persons suffering
from any physical or mental disability or disease that will prevent their
exercising unable to exercise
reasonable and ordinary control over a motor vehicle while driving it on the
highways.
The Board shall meet at the pleasure of the Commissioner. Each member shall serve without compensation but shall be reimbursed for his necessary expenses from funds appropriated to the Department of Motor Vehicles.
§46.2-315. Persons unable to exercise reasonable and ordinary control over a motor vehicle.
The Department shall not issue a driver's license to any
person when, in the opinion of the Department, the such person is suffering from a physical or mental disability or
disease which will prevent his exercising unable to exercise reasonable
and ordinary control over a motor vehicle while driving it on the highways, nor
shall a license be issued to any person who is unable to understand highway
warning or direction signs.
The words "disability or disease" shall
not mean inability of a This section
shall not be construed to apply to any person based on his inability to hear
or to speak, or both, when he has good vision and can satisfactorily
demonstrate his ability to drive a motor vehicle and has sufficient knowledge
of traffic rules and regulations.
§46.2-322. Examination of licensee believed unable to drive safely; suspension or restriction of license; license application to include questions as to abilities applicant; false answers; examination of applicant; physician's, advanced practice registered nurse's, or physician assistant's statement.
A. If the Department has good cause to believe that a driver
is incapacitated and therefore
unable to drive a motor vehicle safely, after written notice of at least 15
days to the person, it may require him to submit to an examination to determine
his fitness to drive a motor vehicle. If the driver so requests in writing, the
Department shall give the Department's reasons for the examination, including
the identity of all persons who have supplied information to the Department
regarding the driver's fitness to drive a motor vehicle. However, the
Department shall not supply the reasons or information if its source is a
relative of the driver or a physician, a physician assistant, an advanced
practice registered nurse, a pharmacist, or other licensed medical professional
as defined in §38.2-602 treating, or prescribing medications for, the driver.
B. As a part of its examination, the Department may require a physical examination by a licensed physician, licensed advanced practice registered nurse, or licensed physician assistant and a report on the results thereof. When it has completed its examination, the Department shall take whatever action may be appropriate and may suspend the license or privilege to drive a motor vehicle in the Commonwealth of the person or permit him to retain his license or privilege to drive a motor vehicle in the Commonwealth, or may issue a license subject to the restrictions authorized by §46.2-329. Refusal or neglect of the person to submit to the examination or comply with restrictions imposed by the Department shall be grounds for suspension of his license or privilege to drive a motor vehicle in the Commonwealth.
C. The Commissioner shall include, as a part of the
application for an original driver's license, or renewal thereof, questions as
to the existence of physical or mental conditions that
impair the ability of the applicant to drive a motor
vehicle safely. Any person knowingly giving a false answer to any such question
shall be guilty of a Class 2 misdemeanor. If the answer to any such question
indicates the existence of such condition an inability to drive a motor vehicle safely,
the Commissioner shall require an examination of the applicant by a licensed
physician, licensed physician assistant, or licensed advanced practice
registered nurse as a prerequisite to the issuance of the driver's license. The
report of the examination shall contain a statement that, in the opinion of the
physician, physician assistant, or advanced practice registered nurse, the
applicant's physical or mental condition at the time of the examination does or
does not preclude his safe driving of motor vehicles.