§ 42-2-112 — Medical advice - use by department - provider immunity - rules

(1) In order to determine whether a licensed driver or an applicant for a driver's
license is physically or mentally able to operate a motor vehicle safely upon the
highways of this state, the department is authorized, upon the adoption of rules
concerning medical criteria for driver licensing, to seek and receive a written
medical opinion from any physician, physician assistant, advanced practice
registered nurse, or optometrist licensed in this state. The department may use the
written medical opinion in regard to the renewal, suspension, revocation, or
cancellation of driver's licenses pursuant to this article 2. The department shall not
require a person to obtain a written medical opinion unless the department has
reason to believe that the driver or applicant is physically or mentally 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, physician assistant, advanced
practice registered nurse, or optometrist of an individual driver or applicant. A
written medical opinion requested by the applicant or driver from a personal
physician, physician assistant, advanced practice registered nurse, or optometrist
must be provided to the department at the expense of the applicant or driver. A
written medical opinion required by the department must also be at the expense of
the applicant or driver.

(3) A person shall not bring a civil or criminal action against a physician,
physician assistant, advanced practice registered nurse, or optometrist licensed to
practice in this state for providing a written medical opinion pursuant to subsection
(1) or (2) of this section if the physician, physician assistant, advanced practice
registered nurse, or optometrist acts in good faith and without malice.

(4) A written medical opinion received by the department which relates to an
individual applicant or driver is for the confidential use of the department 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 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.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2122, � 1, effective January 1, 1995. L. 2005: Entire section amended, p. 643, � 6, effective May 27. L. 2016: (1), (2), and (3) amended, (SB 16-158), ch. 204, p. 731, � 25, effective August 10. L. 2025: (1), (2), and (3) amended, (HB 25-1076), ch. 16, p. 64, � 13, effective August 6.