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H.422

Introduced by   Representative Klein of East Montpelier

Referred to Committee on

Date:

Subject: Motor vehicles; operator’s license; medical and disability suspension; physicians and optometrists

Statement of purpose:  This bill proposes to authorize the commissioner of motor vehicles to appoint physicians, including ophthalmologists, and optometrists to examine operators of motor vehicles prior to the issuance of a license suspension for reasons of medical disability.  The bill also indemnifies and authorizes payment to the appointed physicians and optometrists when they are working on behalf of the state.

AN ACT RELATING TO THE APPOINTMENT OF MEDICAL AND OPTOMETRIC MOTOR VEHICLE OPERATOR EXAMINERS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 671a is added to read:

§ 671a.  APPOINTMENT OF MEDICAL EXAMINERS

(a)  The commissioner of motor vehicles is authorized to appoint physicians, including ophthalmologists, and optometrists to examine licensed motor vehicle operators prior to the commissioner’s suspension of an operator’s license for medical reasons.

(b)  An affirmative defense to prosecution under this section may be raised when:

(1)  The defendant was a licensed physician, including an ophthalmologist, or optometrist whose conduct conformed to accepted medical or optometric practice for the area.

(2)  The defendant was acting under the authority of the commissioner of motor vehicles as provided in this section to hire physicians, including ophthalmologists, and optometrists to examine licensed motor vehicle operators.

(3)  The defendant’s conduct was designed to determine if a licensed motor vehicle operator has a medical or optometric condition that justifies the commissioner suspending the operator’s license.

(c)  The commissioner is authorized to adopt rules providing for the compensation of physicians, including ophthalmologists, and optometrists employed in accordance with this section.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us