§ 20-9.1. Physicians and psychologists providing medical information on drivers with physical and mental disabilities. - North Carolina Statutes

§ 20‑9.1.  Physiciansand psychologists providing medical information on drivers with physical andmental disabilities.

(a)        NotwithstandingG.S. 8‑53 for physicians and G.S. 8‑53.3 for psychologists, or anyother law relating to confidentiality of communications between physicians orpsychologists and their patients, a physician or a psychologist duly licensedin the State of North Carolina may disclose after consultation with the patientto the Commissioner information about a patient who has a mental or physicaldisability that the physician or psychologist believes may affect the patient'sability to safely operate a motor vehicle. This information shall be limited tothe patient's name, address, date of birth, and diagnosis.

(b)        The informationprovided to the Commissioner pursuant to subsection (a) of this section shallbe confidential and shall be used only for the purpose of determining thequalifications of the patient to operate a motor vehicle.

(c)        A physician orpsychologist disclosing or not disclosing information pursuant to this sectionis immune from any civil or criminal liability that might otherwise be incurredor imposed based on the disclosure or lack of disclosure provided that thephysician or psychologist was acting in good faith and without malice. In anyproceeding involving liability, good faith and lack of malice are presumed. (1997‑464,s. 1.)