186.444 Medical review board -- Purpose -- Members -- Informal hearing -- Forms
630 words·~3 min read·
/ky/186-444A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
-- Procedures -- Medical report may supersede medical review board --
Authority of cabinet to promulgate administrative regulations -- Prohibition
against age-based licensing limitations -- Appeal.
(1)A medical review board shall be established to receive cases relating to the ability
of an applicant or holder of a motor vehicle operator's license to drive due to
physical or mental disability which may affect or limit a person's ability to safely
operate a motor vehicle.
(2)The secretary of the Transportation Cabinet shall appoint any number of physicians
authorized to practice medicine, osteopaths, optometrists, or advanced practice
registered nurses licensed in the Commonwealth to the medical review board. One
(1)member who is licensed in the area relevant to the case shall be present in order
to conduct an informal hearing. The cabinet shall promulgate administrative
regulations in accordance with KRS Chapter 13A to establish the amount each
member shall receive per day for attending meetings of the board, and each member
shall be reimbursed for necessary expenses incurred in attending meetings. The
board shall use reasonable efforts to minimize the costs to the person whose case is
under review.
(3)The cabinet shall promulgate administrative regulations in accordance with KRS
Chapter 13A to establish the medical review board forms, which shall include a
signed sworn statement affirming that the person has a physical or mental condition
that could impair his or her ability to operate a motor vehicle, the medical standards
for operators of motor vehicles, and the procedures of the medical review board in
conducting informal hearings.
(4)A person who is under review pursuant to a medical review board case shall, upon a
request in writing, be furnished with a copy of the report alleging that the person
has a physical or mental condition that could impair his or her ability to operate a
motor vehicle.
(5)If the cabinet decides to take action to restrict a person's driving privileges, it shall:
(a)Provide written notice to the person of the decision to take licensing action;
and
(b)Inform the person that the licensing action shall take place unless the person
submits to and completes an examination in satisfaction of the medical
standards set forth in administrative regulation.
(6)If the person is unable to satisfactorily complete the examination under subsection
(5)(b) of this section, the cabinet shall, prior to the decision to take licensing action
based on a person's physical or mental condition, consult with appointed members
of the medical review board who are licensed in the area relevant to the case.
(7)If the cabinet takes action to restrict a person's driving privileges, the person may
request an informal hearing in front of the medical review board.
(8)At any time during the proceeding of a case, a properly submitted report in response
to the medical review board from a person's licensed medical professional
certifying that, based on the application of the medical review board standards set
forth in administrative regulation and the vision standards for vision specialists set
forth in KRS 186.577, the person does not have a condition that impairs his or her
ability to operate a motor vehicle, may supersede the medical review board and the
person may be approved to operate a motor vehicle unless other physical or mental
conditions exist.
(9)The cabinet shall not promulgate administrative regulations for the purpose of
creating tests or other criteria that might limit a person's ability to obtain or retain
an operator's license because that person may be considered too old to drive.
(10)Any person aggrieved by a decision made as a result of an informal hearing
conducted under authority of KRS 186.411 and this section may appeal, and upon
appeal an administrative hearing shall be conducted in accordance with KRS
Chapter 13B.