CHAPTER 558

AN ACT TO AMEND SECTION 2721, TITLE 21, DELAWARE CODE, RELATING TO THE MEDICAL ADVISORY BOARD FOR THE MOTOR VEHICLE DEPARTMENT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 2721, Title 21, Delaware Code, is amended by striking the last sentence of subsection (a) thereof and inserting in lieu thereof the following sentences:

The Board shall consult an ophthalmologist and an optometrist in all cases where a vision problem exists. The ophthalmological consultant shall be nominated by the President of the Medical Council of Delaware and the optometric consultant shall be nominated by the President of the Delaware Optometric Association. Both vision consultants shall be appointed by the Commissioner.

Section 2. Subsection (e), Section 2721, Title 21, Delaware Code, is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:

(e) The Executive Secretary shall review the report to determine if the case warrants evaluation by the Board. If the report gives no medical or optometric information indicating impairment of any degree, the report shall be returned to the Commissioner, with the indication that there is no apparent need for action based on medical impairment. If the information in the medical or optometric report warrants review by the Board a copy of the report shall be forwarded to each member of the Board for evaluation. In case of a vision problem the report shall also be forwarded to the optometric and ophthalmological consultants.

Section 3. Subsection (f), Section 2721, Title 21, Delaware Code, is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:

(f) After review, each member of the Board and the vision consultants shall report their recommendations to the Commissioner. The members of the Board and the vision consultants shall not meet as a group, unless such a meeting is called by the Chairman, but rather each member and consultant shall arrive at an opinion independently and shall inform the Commissioner of his recommendations. These recommendations could involve any of the following by way of illustration but not of limitation:

1. No action against driver or applicant.

2. Periodic medical or optometric evaluation.

3. Specific license restrictions.

4. Further medical or optometric evaluation.

5. Driver improvement activity, including retesting.

6. License suspension.

Section 4. Subsection (i), Section 2721, Title 21, Delaware Code, is amended by adding the words "and vision consultants" after the word "Board" and before the word "and" as the same appear in the first line of said subsection.

Section 5. Subsection (j), Section 2721, Title 21, Delaware Code, is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection (j) to read as follows:

(j) Members of the Board and consultants serve without pay. Their identities shall be kept confidential.

Section 6. Subsection (k), Section 2721, Title 21, Delaware Code, is amended by adding the words "or its vision consultants" after the word "members" and before the word "for" as the same appears in the second line of said subsection.

Section 7. Subsection (1), Section 2721, Title 21, Delaware Code, is amended by striking said subsection in its entirety and inserting in lieu thereof a new subsection (1) to read as follows:

(1) To maintain confidential the identities of the members of the Board and its vision consultants they shall not be required to appear in court. If the qualifications of the members or consultants to make recommendations are challenged in court the Commissioner shall give the court brief professional biographies outlining the training experience of each member and of each vision consultant.

Section 8. Subsection (a), Section 2721, Title 21, Delaware Code, is amended by striking the word "Society" where it appears therein and inserting in lieu thereof the word "Council".

Approved June 12, 1970.