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According to a news release sent out by the Commonwealth of Kentucky Senate Majority Caucus, State Sen. Donald Douglas has filed Senate Bill (SB) 43 to amend KRS 186.444 and KRS 186.570 to focus on improving the process of “reviewing an individual’s ability to safely operate a motor vehicle due to physical or mental conditions.”

 

KRS are Kentucky Revised Statutes, the body of laws governing the Commonwealth of Kentucky. Pursuant to the Kentucky Constitution, the state legislature can amend these laws. 

 

“Ensuring the safety of all road users is essential, and this bill provides a thorough, fair process for assessing whether a person’s physical or mental condition affects their driving ability,” said Douglas. “By improving the medical review board policies and procedures, we aim to protect public safety while maintaining fairness for individuals who may need accommodations or assessments.”

 

According to the release, the proposed changes to current law include

• clarification of medical review board composition to clearly define who is eligible to serve on the medical review board, specifying the qualifications and expertise required for board members. 

The current version of KRS 186.444 has already established a medical review board but only states qualifications for members as a physician licensed in Kentucky. The proposed bill adds a medical specialist or rehabilitation specialist as possible board members and limits the board members required to be present to conduct an informal hearing to one individual. The $200 pay per day spent in review meetings in the original bill has been stricken through in SB 43 changes, adding that the cabinet will determine a different amount.

• designated reporting individuals to identify individuals or entities who can report concerns about an individual’s fitness to drive to the board, ensuring accountability and transparency. 

On accountability, SB 43 will add to the laws that a person under review may receive a copy of the report alleging the person’s physical or mental health conditions may impair his or her ability to drive. 

• streamlined process for reviews to simplify and standardize the process through which cases are brought before the board for a more efficient and timely review, and…

Part of the suggested amendments in SB 43 include the statement, “The (medical review) board shall use reasonable efforts to minimize the costs to the person whose case is under review. 

• …smoother appeals process: to give individuals who disagree with a decision made by the medical review board a chance to have their case reviewed.

One notable piece of the amended law regarding the appeals process states that if the cabinet takes action to restrict a person’s driving privileges, that person can request an informal hearing before the medical review board.

 

According to the summary of the bill on legislature.ky.gov, the bill will amend KRS 186.444 to create a medical review board to consider a person’s ability to drive due to a physical or mental disability; establish the number and qualifications of members; require the Transportation Cabinet consult with a medical professional licensed in the area relevant to the case; require the medical review board to accept the statement of a person’s medical professional that the person does not have a condition that impairs his or her ability to operate a motor vehicle; amend KRS 186.570 to conform; amend KRS 131.1817 to remove the possible suspension of an operator’s license for a person found to be a delinquent taxpayer.

 

KRS 131.1817 states, in summary, “Delinquent taxpayer subject to revocation or denial of professional or occupational license, driver’s license, and motor vehicle registration—Agencies’ duties to assist department—Notice—Appeal—Written tax clearance before reissuance.” 

 

Although SB 43 will remove the possible suspension of a delinquent taxpayer’s license, still a part of the statute is the possible removal of an occupational or professional license, including attorneys licensed to practice law in the Commonwealth or the revocation of a motor vehicle registration. 

 

Another change to a section of the potentially amended laws is the statement “their driving privileges” to refer to any given person being amended to “his or her driving privileges.”