280 R.I. Code R. 280-RICR-30-05-3.7

Current through October 25, 2024
Section 280-RICR-30-05-3.7 - Procedure for Review of Eligibility to Receive or Maintain a License or Permit
A. Whenever the Deputy Director for Motor Vehicles shall have sufficient cause to believe that a person is not able to safely operate a motor vehicle by reason of a disability, an application for operator's privileges shall be refused and/or the operating privileges shall be suspended, pending the establishment of his/her fitness to operate a motor vehicle. In the case of a suspension of an operating license or privilege, an official Order notifying the licensee of the effective date of the suspension shall be sent by regular mail to the last known address of the licensee by the Division of Motor Vehicles.
B. On behalf of the Medical Advisory Board, the Division of Motor Vehicles shall prepare and furnish a medical evaluation form to any person whose application for an operator's license has been refused pending the establishment of physical and/or mental fitness to operate a motor vehicle or whose operating privileges have been suspended pending the establishment of physical or mental fitness to operate a motor vehicle.
C. Said medical evaluation form shall be completed by a licensed physician or optometrist, signed upon completion, and sent by the physician or optometrist directly to: Medical Advisory Board, Operator Control, 286 Main Street, Pawtucket, RI 02860.
1. Supporting documents may be attached to the application by the physician or optometrist. Additional documents or statements may be submitted separately by the applicant/licensee.
D. Upon receipt of the medical evaluation form, the Medical Advisory Board shall conduct a review of same as soon as practicable, and shall forward the Board's recommendation with respect to eligibility for an operator's license to the Deputy Director for Motor Vehicles, or his designee, for official action.
E. In reviewing license privileges after three (3) offenses for DWI or refusals, the following protocol shall be utilized:
1. The applicant must have evidence of treatment by a licensed professional (MD, PhD, MSW, Certified Alcohol Counselor) after the most recent offense.
2. A licensed professional shall certify that the applicant is reporting one (1) year of sobriety (the last drink or use of illicit substances was more than one (1) year ago), and that the examination done by the professional is consistent with that report.

280 R.I. Code R. 280-RICR-30-05-3.7

Adopted effective 12/31/2018