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2011 SESSION
11101222DBe it enacted by the General Assembly of Virginia:
1. That § 46.2-322 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-322. Examination of licensee believed incompetent; suspension or restriction of license; license application to include questions as to physical or mental conditions of applicant; false answers; examination of applicant; physician's, nurse practitioner's, or physician assistant's statement.
A. If the Department has good cause to believe that a driver
is incapacitated and therefore unable to drive a motor vehicle safely, after
written notice of at least 15 days to the person, it may require him to submit
to an examination to determine his fitness to drive a motor vehicle. If the
driver so requests in writing, the Department shall give the Department's
reasons for the examination, including the identity of all persons who have
supplied information to the Department regarding the driver's fitness to drive
a motor vehicle. However, the Department shall not supply the reasons or
information if its source is a relative of the driver or a physician, physician
assistant, or nurse
practitioner, a pharmacist,
or another other
licensed medical professional as defined in § 38.2-602
treating, or prescribing medications for, the driver.
B. As a part of its examination, the Department may require a
physical examination by a licensed physician or, licensed nurse practitioner, or licensed physician
assistant and a report on the results thereof. When it has
completed its examination, the Department shall take whatever action may be
appropriate and may suspend the license or privilege to drive a motor vehicle
in the Commonwealth of the person or permit him to retain his license or
privilege to drive a motor vehicle in the Commonwealth, or may issue a license
subject to the restrictions authorized by § 46.2-329. Refusal or neglect of the
person to submit to the examination or comply with restrictions imposed by the
Department shall be grounds for suspension of his license or privilege to drive
a motor vehicle in the Commonwealth.
C. The Commissioner shall include, as a part of the application for an original driver's license, or renewal thereof, questions as to the existence of physical or mental conditions that impair the ability of the applicant to drive a motor vehicle safely. Any person knowingly giving a false answer to any such question shall be guilty of a Class 2 misdemeanor. If the answer to any such question indicates the existence of such condition, the Commissioner shall require an examination of the applicant by a licensed physician, licensed physician assistant, or licensed nurse practitioner as a prerequisite to the issuance or renewal of the driver's license. The report of the examination shall contain a statement that,
in the opinion of the physician, physician assistant, or nurse practitioner, the applicant's physical or mental condition at the time of the examination does or does not preclude his safe driving of motor vehicles.