Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 04-0042.01 Kristen Forrestal HOUSE BILL 04-1045 HOUSE SPONSORSHIP Borodkin SENATE SPONSORSHIP (None) House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the creation of a medical advisory board to assist the department of revenue in the determination of whether a person is able to operate a motor vehicle safely upon the highways of this state. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Creates a medical advisory board (board) to assist the department of revenue (department) in the determination of whether a licensed driver or applicant is physically, mentally, and cognitively able to operate a motor vehicle in Colorado. Requires the director of the motor vehicles business group to appoint 10 physicians to the board. Allows the board to advise the department on medical criteria and vision standards relating to the licensing of drivers under the provisions of this article. Allows the department to obtain advice from a board member if it has reason to believe that a licensed driver or applicant is not able to drive safely. Requires the board to make determinations based on its own conclusions and on other physicians' written opinions. Specifies that the board members shall not be compensated for their activities. Sunsets the board as required by law on July 1, 2014. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 42-2-112, Colorado Revised Statutes, is amended to read: 42-2-112. Medical advice - use by department - physician immunity - repeal. (1) In order to determine whether any licensed driver or any applicant for a driver's license is physically, or mentally, or cognitively able to operate a motor vehicle safely upon the highways of this state, the department is authorized, pursuant to this section and upon the adoption of rules concerning medical criteria for driver licensing, to seek and receive a written medical opinion from any physician or optometrist licensed in this state. Such written medical opinion may also be used by the department in regard to the renewal, suspension, revocation, or cancellation of drivers' licenses pursuant to this article. No written medical opinion shall be sought pursuant to this section unless the department has reason to believe that the driver or applicant is physically, or mentally, or cognitively unable to operate a motor vehicle safely upon the highways of this state. (2) In addition to the written medical opinion sought and received pursuant to subsection (1) of this section, the department may consider a written medical opinion received from the personal physician or optometrist of an individual driver or applicant. Any written medical opinion requested by the applicant or driver from a personal physician or optometrist shall be provided to the department at the expense of the applicant or driver. Any written medical opinion required by the department shall also be at the expense of the applicant or driver. (2.5) (a) In order to assist the department in its determination of whether a licensed driver or an applicant for a driver's license is physically, mentally, or cognitively able to operate a motor vehicle safely upon the highways of this state, there is hereby created a medical advisory board, referred to in this section as the "board". The board shall consist of ten members to be appointed by the director of the motor vehicles business group within the department of revenue, or his or her designee. All appointees shall be residents of the state of Colorado. All terms of members of the first board shall commence on July 1, 2004. Of those original members, three shall be appointed for one-year terms, three for two-year terms, and four for three-year terms. Thereafter, all terms shall be for three years. All vacancies shall be filled by appointment for the remainder of the unexpired term. The board shall comprise the following: (I) One Colorado licensed optometrist; (II) Eight Colorado licensed physicians. Of the eight physicians, there shall be at least one physician qualified in each of the following specialties: Internal medicine, psychiatry, neurology, physical medicine, gerontology, and ophthalmology; and (III) One occupational or physical therapist who specializes in driver rehabilitation. (b) The board may advise the department on medical criteria and vision standards relating to the licensing of drivers under this article. (c) The department, having cause to believe that a licensed driver or applicant may not be physically, mentally, or cognitively qualified to be licensed, may obtain advice from an appropriate member of the board. The board member shall, upon request of the department, determine if the driver or applicant is physically, mentally, or cognitively qualified to drive. The board member contacted by the department shall have sole authority to make a determination and recommendation to the board. The board member's determination shall be based on his or her own conclusions and, as appropriate, on evaluations of reports by licensed physicians or optometrists obtained pursuant to subsection (1) or (2) of this section. (d) The board shall meet at least quarterly, but shall meet more often if determined necessary by the director of the motor vehicles business group. Prior to each meeting, the department shall provide the board members with information regarding all the determinations and recommendations made to the department by each board member. The board members shall not receive compensation for their duties. (e) This subsection (2.5) is repealed, effective July 1, 2014. (3) No civil or criminal action shall be brought against any physician or optometrist licensed to practice in this state for providing a written medical or optometric opinion pursuant to subsection (1) or (2) of this section or any board member if such the physician, or optometrist, or board member acts in good faith and without malice. (4) A written medical opinion received by the department which or the board that relates to an individual applicant or driver is for the confidential use of the department and the board in making decisions on the individual's qualifications as a driver, and the written medical opinion shall not be divulged to any person, except to the applicant or driver, or used in evidence in any trial or proceeding except in matters concerning the individual's qualifications to receive or retain a driver's license. (5) Written medical opinions received by the department or the board pursuant to this section, in addition to other sources of information, may be used by the department in the adoption of administrative rules concerning medical criteria for driver licensing. SECTION 2. 2-3-1203 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 2-3-1203. Sunset review of advisory committees. (3) The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal: (aa) July 1, 2014: The medical advisory board to the department of revenue created in section 42-2-112 (2.5), C.R.S. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.