State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-4_118_03

60-4,118.03. Health Advisory Board; examinations; reports; appeal; immunity.Whenever the director requests the advice of the Health Advisory Board concerning the physical or mental ability of an applicant for or holder of an operator's license to operate a motor vehicle as provided in sections 60-4,114 and 60-4,118, the board may formulate its advice from records and reports or may cause an examination and report to be made by one or more members of the board or any qualified person designated by the board. The applicant or licensee may cause a written report to be forwarded to the board by a physician of his or her choice. The director shall give due consideration to any such report.Reports received or made by the board or any of its members for the purpose of assisting the director in determining whether a person is qualified to be licensed shall be for the confidential use of the board, the director, and any designees of the director and may not be divulged to any person other than the applicant or licensee or used in evidence in any legal proceeding, except that a report may be admitted in an appeal of an order of the director based on the report. Any person aggrieved by a decision of the director made after consideration of advice given by the board may appeal the decision as provided in section 60-4,105.No member of the board and no person examining any applicant or licensee shall be liable in tort or otherwise for any opinion, recommendation, or report presented to the board or the director if such action was taken in good faith and without malice. SourceLaws 1994, LB 211, § 7.