53-3-304 - Licensing of impaired persons -- Medical review -- Restricted license -- Procedures. - Utah Statutes

53-3-304. Licensing of impaired persons -- Medical review -- Restricted license --Procedures.
(1) (a) If the division has reason to believe that an applicant for a license is an impairedperson, the division may require one or both of the following:
(i) a physical examination of the applicant by a health care professional and the submittalby the health care professional of a signed medical report indicating the results of the physicalexamination;
(ii) a follow-up medical review of the applicant by a health care professional andcompletion of a medical report at intervals established by the division under standardsrecommended by the board.
(b) The format of the medical report required under Subsection (1)(a) shall be devised bythe division with the advice of the board and shall elicit the necessary medical information todetermine whether it would be a public safety hazard to permit the applicant to drive a motorvehicle on the highways.
(2) (a) The division may grant a restricted license to an impaired person who is otherwisequalified to obtain a license.
(b) The license continues in effect until its expiration date so long as the licenseecomplies with the requirements set forth by the division.
(c) The license renewal is subject to the conditions of this section.
(d) Any physical, mental, or emotional impairment of the applicant that in the opinion ofthe division does not affect the applicant's ability to exercise reasonable and ordinary control atall times in driving a motor vehicle upon the highway, does not prevent granting a license to theapplicant.
(3) (a) If an examination is required under this section, the division is not bound by therecommendation of the examining health care professional but shall give fair consideration to therecommendation in acting upon the application. The criterion is whether upon all the evidence itis safe to permit the applicant to drive a motor vehicle.
(b) In deciding whether to grant or deny a license, the division may be guided by theopinion of experts in the fields of diagnosing and treating mental, physical, or emotionaldisabilities and may take into consideration any other factors that bear on the issue of publicsafety.
(4) Information provided under this section relating to physical, mental, or emotionalimpairment is classified under Title 63G, Chapter 2, Government Records Access andManagement Act.

Amended by Chapter 382, 2008 General Session