NAC483.310. Examination of applicant or licensee.

     1. If a representative of the Department has good cause to believe that an applicant is afflicted with or suffering from any physical or mental disability or disease which may prevent the applicant from operating a motor vehicle safely or which makes such operation hazardous to public safety, the Department may require physical or mental examinations and reports by a licensed physician, psychiatrist, psychologist, certified drug and alcohol counselor or any other competent authority acceptable to the Department. The cost of the examination must be borne by the person whose fitness to operate a motor vehicle safely is in question. The applicant must submit a medical report to the Department that is completed and signed by the applicant’s physician. The medical report must indicate whether the condition of the applicant and any medication prescribed for the applicant would affect his or her ability to operate a motor vehicle safely. The report must be submitted within 30 days after the date of the physical or mental examination.

     2. The Department will include, as part of the application for a driver’s license, renewal or permit, questions as to the existence of physical or mental conditions which may impair the ability of the applicant to operate a motor vehicle safely or which make such operation hazardous to the public safety. These questions must be answered by each applicant for a driver’s license or permit and by each licensee seeking renewal of his or her driver’s license.

     3. If the answer to any such question indicates the existence of any physical or mental disability which the Department determines may prevent the applicant from safely operating a motor vehicle, the Department may require an examination of the applicant by a licensed physician or psychiatrist, psychologist, certified drug and alcohol counselor or any other competent authority acceptable to the Department as a prerequisite to the issuance of a license or permit. The examination must be completed on a form furnished by or acceptable to the Department. The cost of the examination must be borne by the person whose fitness to operate a motor vehicle safely is in question. The medical reports are advisory and are not binding on the Department.

     4. The Department will not issue a license to an applicant before evaluation of the medical report by the Department. If the medical report is received within 30 days after the date of the physical or mental examination, or 90 days after the visual examination, the Department will evaluate the applicant and will issue or deny the license or instruction permit, with or without restrictions.

     5. The Department may use the results of any physical or mental examinations or reports only to determine the physical or mental competency of the person for the purpose of revoking, suspending, allowing a voluntary surrender and cancelling, denying or issuing a driver’s license or permit. This information is privileged and may be released only to the person examined, to the attorney of the person examined upon his or her written release, pursuant to a court order or to the Departmental hearing officer upon the person’s written request for a hearing.

     [Dep’t of Motor Veh., License for Disabled Persons Reg. § III, eff. 4-29-82]—(NAC A by R015-97, 11-14-97; R065-12, 11-1-2012)