KRS 186.444: Medical review board -- Purpose -- Members -- Informal hearing -- Forms

-- Procedures -- Medical report may supersede medical review board --

Authority of cabinet to promulgate administrative regulations -- Prohibition

against age-based licensing limitations -- Appeal.

(1) A medical review board shall be established to receive cases relating to the ability

of an applicant or holder of a motor vehicle operator's license to drive due to

physical or mental disability which may affect or limit a p erson's ability to safely

operate a motor vehicle.

(2) The secretary of the Transportation Cabinet shall appoint any number of physicians

authorized to practice medicine, osteopaths, optometrists, or advanced practice

registered nurses licensed in the Comm onwealth to the medical review board. One

(1) member who is licensed in the area relevant to the case shall be present in order

to conduct an informal hearing. The cabinet shall promulgate administrative

regulations in accordance with KRS Chapter 13A to es tablish the amount each

member shall receive per day for attending meetings of the board, and each member

shall be reimbursed for necessary expenses incurred in attending meetings. The

board shall use reasonable efforts to minimize the costs to the person whose case is

under review.

(3) The cabinet shall promulgate administrative regulations in accordance with KRS

Chapter 13A to establish the medical review board forms, which shall include a

signed sworn statement affirming that the person has a physical or mental condition

that could impair his or her ability to operate a motor vehicle, the medical standards

for operators of motor vehicles, and the procedures of the medical review board in

conducting informal hearings.

(4) A person who is under review pursuant to a medical review board case shall, upon a

request in writing, be furnished with a copy of the report alleging that the person

has a physical or mental condition that could impair his or her ability to operate a

motor vehicle.

(5) If the cabinet decides to take action to restrict a person's driving privileges, it shall:

(a) Provide written notice to the person of the decision to take licensing action;

and

(b) Inform the person that the licensing action shall take place unless the person

submits to and completes an examination in satisfaction of the medical

standards set forth in administrative regulation.

(6) If the person is unable to satisfactorily complete the examination under subsection

(5)(b) of this section, the cabinet shall, prior to the deci sion to take licensing action

based on a person's physical or mental condition, consult with appointed members

of the medical review board who are licensed in the area relevant to the case.

(7) If the cabinet takes action to restrict a person's driving pri vileges, the person may

request an informal hearing in front of the medical review board.

(8) At any time during the proceeding of a case, a properly submitted report in response

to the medical review board from a person's licensed medical professional

certifying that, based on the application of the medical review board standards set

forth in administrative regulation and the vision standards for vision specialists set

forth in KRS 186.577, the person does not have a condition that impairs his or her

ability to operate a motor vehicle, may supersede the medical review board and the

person may be approved to operate a motor vehicle unless other physical or mental

conditions exist.

(9) The cabinet shall not promulgate administrative regulations for the purpose of

creating tests or other criteria that might limit a person's ability to obtain or retain

an operator's license because that person may be considered too old to drive.

(10) Any p erson aggrieved by a decision made as a result of an informal hearing

conducted under authority of KRS 186.411 and this section may appeal, and upon

appeal an administrative hearing shall be conducted in accordance with KRS

Chapter 13B.