(1)  There is created within the division the Driver License Medical Advisory Board.

Terms Used In Utah Code 53-3-303

(a) to operate or be in physical control of a motor vehicle upon a highway; and
(b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within the state. See Utah Code 53-3-102
  • driver: includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law. See Utah Code 53-3-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Health care professional: means a physician or surgeon licensed to practice medicine in the state, or when recommended by the Medical Advisory Board, may include other health care professionals licensed to conduct physical examinations in this state. See Utah Code 53-3-302
  • Impaired person: means a person who has a mental, emotional, or nonstable physical disability or disease that may impair the person's ability to exercise reasonable and ordinary control at all times over a motor vehicle while driving on the highways. See Utah Code 53-3-302
  • License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
  • Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
  • Person: means :Utah Code 48-2e-1156
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
  • (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)  The division shall provide forms 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.

    (14) 

    (a) 

    (i)  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)  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.

    Amended by Chapter 286, 2010 General Session