Senate committee advances bill changing medical review board process for driver’s licenses

Senate Bill 43, which would revise how Kentucky’s medical review board evaluates drivers with physical or mental conditions, was reported favorably by the Senate Transportation Committee after a brief committee debate and a committee substitute was adopted.

Sponsor Sen. Don Douglas, D‑22, told the committee the bill amends statutory procedures in KRS 186.444 and KRS 186.57 to add flexibility and transparency to medical-review-board proceedings, tighten minimum clinical qualifications for board members and forbid revoking an operator license solely for delinquent taxes.

The bill would explicitly allow appointment of ‘‘physicians authorized to practice medicine, osteopaths, optometrists, and advanced practice registered nurses’’ to the medical review board, require the Transportation Cabinet to promulgate regulations and standardized medical-review forms that explain the medical standards used for driving fitness, and require the cabinet to provide written notice of licensing action and an opportunity for an examination under those standards. The measure also says a person may submit a report from their licensed medical professional that the board may accept in lieu of the board conducting an exam.

Chairman Higdon and other members described constituent cases they said illustrated the need for clearer procedures and higher minimum medical qualifications for board appointees. Higdon related an incident in which a constituent — an Army veteran who is totally disabled — was reported to the cabinet and placed into a medical-review process even after a Veterans Administration physician indicated no concerns about the veteran’s ability to drive. "If the doctor says they are capable of driving, then we should honor that," Higdon said during committee remarks.

Sen. Berg asked whether a primary-care physician who certifies a patient’s fitness would incur liability; Douglas replied that question is a tort-law matter and not changed by the bill. Douglas said the ‘‘shall’’ language was softened to ‘‘may’’ in the committee substitute so the board retains the authority to review reports from a physician of the driver’s choosing rather than ceding unreviewable authority to a local physician.

The Transportation Cabinet staff were thanked for working with the sponsor on the measure; the governor’s office had sent a fiscal note earlier estimating a $100,000 cost tied to removing a $200‑per‑day cap on review‑board compensation, but committee members said that earlier concern had been resolved and the substitute reduces or eliminates that fiscal exposure.

A motion to report the bill favorably passed on a voice and roll call vote. The committee recorded ‘‘aye’’ responses during the roll call and the bill was reported favorably with the committee substitute attached.

The bill also contains a provision explicitly preventing license suspension for delinquent taxpayers. Douglas said the change is practical: taking a license for unpaid taxes may prevent the person from getting to work and therefore from paying taxes.

Votes at a glance: the committee adopted a substitute and then voted to report Senate Bill 43 favorably; those voting in favor included Senators Berg, Carpenter, Douglas, Elkins, Smith, Storm, Wheeler, Williams, Wilson and Chairman Higdon. No recorded opposition was entered during the committee vote.

The bill will proceed with the committee substitute attached and will next be considered on the Senate calendar.