8-255b.Medical advisory board; appointment;
procedure; advisory opinions;
limiting tort liability.
(a) The secretary of revenue may appoint a medical
advisory board which shall be composed of five members. Such board
shall be within the department of revenue and attached to the division
of vehicles. The members of the board shall include, but not be
limited to, a physician licensed to practice
ophthalmology, a licensed
optometrist, a licensed psychiatrist, and a licensed physician
specializing in internal medicine. The board shall meet at the request
of the director of vehicles or at the request of any two members of
the advisory board or upon petition to the advisory board by a person
whose license to operate a motor vehicle has been suspended or revoked.
Members of the medical advisory board attending meetings of such board,
or attending a subcommittee meeting thereof authorized by such board,
shall be paid compensation, subsistence allowances, mileage and other
expenses as provided in K.S.A. 75-3223, and amendments thereto.
(b) The medical advisory board is created for the purpose of giving
advisory opinions to the director of vehicles in the case of any person
whose license to operate a motor vehicle has been suspended,
revoked
or reviewed by the director of vehicles and for good cause shown
that the operation of a
motor vehicle on a highway by such person would be inimical to public
safety and welfare because of an existing or suspected mental or
physical disability.
(c) The providing of advisory opinions by the medical advisory board and
action pursuant thereto by the director of vehicles is a discretionary function
or duty under the Kansas tort claims act.
History: L. 1969, ch. 367, § 1; L. 1972, ch. 342, § 42; L. 1974,
ch. 348, §
8; L. 1975, ch. 36, § 25; L. 1982, ch. 41, § 3;
L. 2001, ch. 82, § 2; July 1.
8-255b.Medical advisory board; appointment;
procedure; advisory opinions;
limiting tort liability.
(a) The secretary of revenue may appoint a medical
advisory board which shall be composed of five members. Such board
shall be within the department of revenue and attached to the division
of vehicles. The members of the board shall include, but not be
limited to, a physician licensed to practice
ophthalmology, a licensed
optometrist, a licensed psychiatrist, and a licensed physician
specializing in internal medicine. The board shall meet at the request
of the director of vehicles or at the request of any two members of
the advisory board or upon petition to the advisory board by a person
whose license to operate a motor vehicle has been suspended or revoked.
Members of the medical advisory board attending meetings of such board,
or attending a subcommittee meeting thereof authorized by such board,
shall be paid compensation, subsistence allowances, mileage and other
expenses as provided in K.S.A. 75-3223, and amendments thereto.
(b) The medical advisory board is created for the purpose of giving
advisory opinions to the director of vehicles in the case of any person
whose license to operate a motor vehicle has been suspended,
revoked
or reviewed by the director of vehicles and for good cause shown
that the operation of a
motor vehicle on a highway by such person would be inimical to public
safety and welfare because of an existing or suspected mental or
physical disability.
(c) The providing of advisory opinions by the medical advisory board and
action pursuant thereto by the director of vehicles is a discretionary function
or duty under the Kansas tort claims act.
History: L. 1969, ch. 367, § 1; L. 1972, ch. 342, § 42; L. 1974,
ch. 348, §
8; L. 1975, ch. 36, § 25; L. 1982, ch. 41, § 3;
L. 2001, ch. 82, § 2; July 1.
8-255b.Medical advisory board; appointment;
procedure; advisory opinions;
limiting tort liability.
(a) The secretary of revenue may appoint a medical
advisory board which shall be composed of five members. Such board
shall be within the department of revenue and attached to the division
of vehicles. The members of the board shall include, but not be
limited to, a physician licensed to practice
ophthalmology, a licensed
optometrist, a licensed psychiatrist, and a licensed physician
specializing in internal medicine. The board shall meet at the request
of the director of vehicles or at the request of any two members of
the advisory board or upon petition to the advisory board by a person
whose license to operate a motor vehicle has been suspended or revoked.
Members of the medical advisory board attending meetings of such board,
or attending a subcommittee meeting thereof authorized by such board,
shall be paid compensation, subsistence allowances, mileage and other
expenses as provided in K.S.A. 75-3223, and amendments thereto.
(b) The medical advisory board is created for the purpose of giving
advisory opinions to the director of vehicles in the case of any person
whose license to operate a motor vehicle has been suspended,
revoked
or reviewed by the director of vehicles and for good cause shown
that the operation of a
motor vehicle on a highway by such person would be inimical to public
safety and welfare because of an existing or suspected mental or
physical disability.
(c) The providing of advisory opinions by the medical advisory board and
action pursuant thereto by the director of vehicles is a discretionary function
or duty under the Kansas tort claims act.
History: L. 1969, ch. 367, § 1; L. 1972, ch. 342, § 42; L. 1974,
ch. 348, §
8; L. 1975, ch. 36, § 25; L. 1982, ch. 41, § 3;
L. 2001, ch. 82, § 2; July 1.