Massachusetts S 2348: An Act to strengthen the review process for a medically conditioned license to operate a motor vehicle

Bill Text

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SENATE DOCKET, NO. 484 FILED ON: 2/1/2021
SENATE . . . . . . . . . . . . . . No. 2348

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jason M. Lewis
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to strengthen the review process for a medically conditioned license to operate a motor
vehicle.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Jason M. Lewis Fifth Middlesex

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SENATE DOCKET, NO. 484 FILED ON: 2/1/2021
SENATE . . . . . . . . . . . . . . No. 2348
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2348) of Jason M. Lewis for
legislation to strengthen the review process for a medically conditioned license to operate a
motor vehicle. Transportation.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2112 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________

An Act to strengthen the review process for a medically conditioned license to operate a motor
vehicle.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Section 8C of chapter 90 of the General Laws, as appearing in the 2018
2 Official Edition, is hereby amended by striking the section in its entirety and inserting in place
3 thereof the following section:-
4 “Section 8C. There is hereby created in the registry a medical advisory board, consisting
5 of the commissioner of the department of public health or his designee, who shall serve as
6 chairman thereof, and fifteen members appointed by the registrar and approved by said
7 commissioner, who shall be registered under the laws of the commonwealth as qualified
8 physicians, optometrists or chiropractors, but not more than one of said appointees shall be a
9 chiropractor and not more than one of said appointees shall be an optometrist. The members of

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10 the said board except said commissioner, shall serve at the pleasure of the registrar. The registrar
11 may refer to said board for advisory opinions on standards of fitness for applicants for learner's
12 permits or licenses to operate motor vehicles, and, in addition, for advisory opinions on the
13 applications of persons who apply for learner's permits or licenses to operate motor vehicles or
14 whose right to operate has been suspended or revoked, or whenever the registrar has reason to
15 believe that the operation of a motor vehicle by such persons upon any way or in any place to
16 which members of the public have access as invitees or licensees would be a threat to the safety
17 and the welfare of the public because of physical or mental disability. The board shall develop a
18 more stringent review process for the review of applications submitted by operators who have
19 had a license suspended or revoked due to the driver’s demonstrated inability to operate a vehicle
20 because of an illness that requires ongoing monitoring and active management of the illness.
21 This review shall examine closely the driving and criminal record of the applicant. The registrar,
22 upon the recommendation of the board, shall either deny or conditionally approve the
23 application. If the application is conditionally approved, the registrar shall condition the license
24 with reasonable requirements that the operator demonstrate their continued ability to responsibly
25 operate a motor vehicle through responsible management and treatment of their condition. Upon
26 receipt of an application for a medical exemption for the benefit of the owner or operator of a
27 motor vehicle whose vision is determined by the board to be light sensitive or photosensitive,
28 said board shall grant an exemption indicating the need for special window treatment as a
29 medical necessity. The board shall meet at the call of said commissioner at such times and places
30 as he may select, but shall convene at the request of the registrar. Said commissioner shall
31 provide such facilities as he may determine to be necessary or appropriate to the function of the

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32 board. Each member of the board shall receive as compensation for his service thereon a sum not
33 to exceed thirty-five dollars for each meeting he attends."