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| 2 | 2 | | SENATE DOCKET, NO. 1015 FILED ON: 1/18/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2253 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Jason M. Lewis |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to strengthen the review process for a medically conditioned license to operate a motor |
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| 13 | 13 | | vehicle. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 3 |
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| 17 | 17 | | SENATE DOCKET, NO. 1015 FILED ON: 1/18/2023 |
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| 18 | 18 | | SENATE . . . . . . . . . . . . . . No. 2253 |
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| 19 | 19 | | By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2253) of Jason M. Lewis for |
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| 20 | 20 | | legislation to strengthen the review process for a medically conditioned license to operate a |
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| 21 | 21 | | motor vehicle. Transportation. |
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| 22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 23 | 23 | | SEE SENATE, NO. 2348 OF 2021-2022.] |
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| 24 | 24 | | The Commonwealth of Massachusetts |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | In the One Hundred and Ninety-Third General Court |
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| 27 | 27 | | (2023-2024) |
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| 28 | 28 | | _______________ |
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| 29 | 29 | | An Act to strengthen the review process for a medically conditioned license to operate a motor |
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| 30 | 30 | | vehicle. |
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| 31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 32 | 32 | | of the same, as follows: |
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| 33 | 33 | | 1 SECTION 1. Section 8C of chapter 90 of the General Laws, as appearing in the 2020 |
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| 34 | 34 | | 2Official Edition, is hereby amended by striking the section in its entirety and inserting in place |
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| 35 | 35 | | 3thereof the following section:- |
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| 36 | 36 | | 4 “Section 8C. There is hereby created in the registry a medical advisory board, consisting |
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| 37 | 37 | | 5of the commissioner of the department of public health or his designee, who shall serve as |
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| 38 | 38 | | 6chairman thereof, and fifteen members appointed by the registrar and approved by said |
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| 39 | 39 | | 7commissioner, who shall be registered under the laws of the commonwealth as qualified |
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| 40 | 40 | | 8physicians, optometrists or chiropractors, but not more than one of said appointees shall be a |
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| 41 | 41 | | 9chiropractor and not more than one of said appointees shall be an optometrist. The members of 2 of 3 |
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| 42 | 42 | | 10the said board except said commissioner, shall serve at the pleasure of the registrar. The registrar |
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| 43 | 43 | | 11may refer to said board for advisory opinions on standards of fitness for applicants for learner's |
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| 44 | 44 | | 12permits or licenses to operate motor vehicles, and, in addition, for advisory opinions on the |
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| 45 | 45 | | 13applications of persons who apply for learner's permits or licenses to operate motor vehicles or |
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| 46 | 46 | | 14whose right to operate has been suspended or revoked, or whenever the registrar has reason to |
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| 47 | 47 | | 15believe that the operation of a motor vehicle by such persons upon any way or in any place to |
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| 48 | 48 | | 16which members of the public have access as invitees or licensees would be a threat to the safety |
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| 49 | 49 | | 17and the welfare of the public because of physical or mental disability. The board shall develop a |
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| 50 | 50 | | 18more stringent review process for the review of applications submitted by operators who have |
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| 51 | 51 | | 19had a license suspended or revoked due to the driver’s demonstrated inability to operate a vehicle |
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| 52 | 52 | | 20because of an illness that requires ongoing monitoring and active management of the illness. |
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| 53 | 53 | | 21This review shall examine closely the driving and criminal record of the applicant. The registrar, |
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| 54 | 54 | | 22upon the recommendation of the board, shall either deny or conditionally approve the |
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| 55 | 55 | | 23application. If the application is conditionally approved, the registrar shall condition the license |
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| 56 | 56 | | 24with reasonable requirements that the operator demonstrate their continued ability to responsibly |
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| 57 | 57 | | 25operate a motor vehicle through responsible management and treatment of their condition. Upon |
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| 58 | 58 | | 26receipt of an application for a medical exemption for the benefit of the owner or operator of a |
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| 59 | 59 | | 27motor vehicle whose vision is determined by the board to be light sensitive or photosensitive, |
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| 60 | 60 | | 28said board shall grant an exemption indicating the need for special window treatment as a |
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| 61 | 61 | | 29medical necessity. The board shall meet at the call of said commissioner at such times and places |
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| 62 | 62 | | 30as he may select, but shall convene at the request of the registrar. Said commissioner shall |
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| 63 | 63 | | 31provide such facilities as he may determine to be necessary or appropriate to the function of the 3 of 3 |
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| 64 | 64 | | 32board. Each member of the board shall receive as compensation for his service thereon a sum not |
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| 65 | 65 | | 33to exceed thirty-five dollars for each meeting he attends." |
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