BILL REQ. #:  S-1485.2 

Read first time 02/16/09.   Referred to Committee on Transportation.

     AN ACT Relating to the certification of a driver's visual acuity by an ophthalmologist or optometrist; amending RCW 46.20.041 and 46.20.305; and adding a new section to chapter 46.20 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.20.041 and 2005 c 274 s 306 are each amended to read as follows:
     (1) If the department has reason to believe that a person is suffering from a physical or mental disability or disease that may affect that person's ability to drive a motor vehicle, the department must evaluate whether the person is able to safely drive a motor vehicle. As part of the evaluation:
     (a) The department shall permit the person to demonstrate personally that notwithstanding the disability or disease he or she is able to safely drive a motor vehicle.
     (b) The department may require the person to obtain a statement signed by a licensed physician or other proper authority designated by the department certifying the person's condition.
     (i) The department's authority to require the person to obtain a statement signed by an ophthalmologist or optometrist is limited to requiring the person to obtain a statement signed by the ophthalmologist or optometrist certifying the person's visual acuity and certifying whether the person has a visual condition that could impair his or her ability to safely operate a motor vehicle at night.
     (ii) The statement is for the confidential use of the director and the chief of the Washington state patrol and for other public officials designated by law. It is exempt from public inspection and copying notwithstanding chapter 42.56 RCW.
     (((ii))) (iii) The statement may not be offered as evidence in any court except when appeal is taken from the order of the director canceling or withholding a person's driving privilege. However, the department may make the statement available to the director of the department of retirement systems for use in determining eligibility for or continuance of disability benefits and it may be offered and admitted as evidence in any administrative proceeding or court action concerning the disability benefits.
     (2) On the basis of the evaluation the department may:
     (a) Issue or renew a driver's license to the person without restrictions;
     (b) Cancel or withhold the driving privilege from the person; or
     (c) Issue a restricted driver's license to the person. The restrictions must be suitable to the licensee's driving ability. The restrictions may include:
     (i) Special mechanical control devices on the motor vehicle operated by the licensee;
     (ii) Limitations on the type of motor vehicle that the licensee may operate; or
     (iii) Other restrictions determined by the department to be appropriate to assure the licensee's safe operation of a motor vehicle.
     (3) The department may either issue a special restricted license or may set forth the restrictions upon the usual license form.
     (4) The department may suspend or revoke a restricted license upon receiving satisfactory evidence of any violation of the restrictions. In that event the licensee is entitled to a driver improvement interview and a hearing as provided by RCW 46.20.322 or 46.20.328.
     (5) Operating a motor vehicle in violation of the restrictions imposed in a restricted license is a traffic infraction.

Sec. 2   RCW 46.20.305 and 1999 c 351 s 3 are each amended to read as follows:
     (1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed may upon notice require him or her to submit to an examination.
     (2) The department shall require a driver reported under RCW 46.52.070 (2) and (3) to submit to an examination. The examination must be completed no later than one hundred twenty days after the accident report required under RCW 46.52.070(2) is received by the department unless the department, at the request of the operator, extends the time for examination.
     (3)(a) The department may in addition to an examination under this section require such person to obtain a certificate showing his or her condition signed by a licensed physician or other proper authority designated by the department.
     (b) The department's authority to require the person to obtain a certificate signed by an ophthalmologist or optometrist is limited to requiring the person to obtain a certificate signed by the ophthalmologist or optometrist certifying the person's visual acuity and certifying whether the person has a visual condition that could impair his or her ability to safely operate a motor vehicle at night.
     (4) Upon the conclusion of an examination under this section the department shall take driver improvement action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under RCW 46.20.041. The department may suspend or revoke the license of such person who refuses or neglects to submit to such examination.
     (5) The department may require payment of a fee by a person subject to examination under this section. The department shall set the fee in an amount that is sufficient to cover the additional cost of administering examinations required by this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.20 RCW to read as follows:
     An eye care provider licensed under chapter 18.71 or 18.53 RCW is not civilly or criminally liable for performing duties under this chapter with regard to certifying a person's condition if the duties were performed in good faith.