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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>64976</law_id><section_number>46.2-204</section_number><catch_line>Medical Advisory Board</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="46.2">Motor Vehicles</unit><unit label="subtitle" level="2" order_by="1" identifier="I">General Provisions; Department of Motor Vehicles</unit><unit label="chapter" level="3" order_by="1" identifier="2">Department of Motor Vehicles</unit><unit label="article" level="4" order_by="1" identifier="1">Powers and Duties of Department, Generally</unit></structure><text>
						<section><p>For the purpose of enabling the <span class="dictionary">Department</span> of <span class="dictionary">Motor Vehicles</span> to comply with its responsibilities under this title, there is hereby created a Medical Advisory Board for the <span class="dictionary">Department</span>. The Board shall consist of seven licensed physicians currently practicing medicine in Virginia appointed by the Governor. Appointments to the Board shall be for four-year terms and vacancies shall be filled by appointment for the unexpired portion of a term. The Governor shall designate the chairman of the Board.
		The <span class="dictionary">Commissioner</span> may refer to the Board for an advisory <span class="dictionary">opinion</span> the case of any person applying for a <span class="dictionary">driver</span>&#x2019;s license or renewal thereof, or of any person whose license has been suspended or revoked, or of any person being examined under the provisions of &#xA7;&#xA0;<a class="law" title="Examination of licensee believed unable to drive safely; suspension or restriction of license; license application to include questions as to abilities of applicant; false answers; examination of applicant; physician's, advanced practice registered nurse's, or physician assistant's statement" href="/46.2-322/">46.2-322</a>, when he has cause to believe that such person suffers from an impairment that will prevent his exercising reasonable and ordinary control over a <span class="dictionary">motor vehicle</span> while driving it on the <span class="dictionary"><span class="dictionary">highways</span></span>. The Medical Advisory Board shall provide guidance and recommendations to the <span class="dictionary">Department</span> regarding any case of a person examined under the provisions of &#xA7;&#xA0;<a class="law" title="Examination of licensee believed unable to drive safely; suspension or restriction of license; license application to include questions as to abilities of applicant; false answers; examination of applicant; physician's, advanced practice registered nurse's, or physician assistant's statement" href="/46.2-322/">46.2-322</a> who <span class="dictionary">appeals</span> the outcome of the examination pursuant to &#xA7;&#xA0;<a class="law" title="Appeal from denial, suspension, or revocation of license; operation of vehicle pending appeal" href="/46.2-321/">46.2-321</a> if the basis for such <span class="dictionary">appeal</span> is related to the medical <span class="dictionary">evidence</span> in the case. However, <span class="dictionary">appeals</span> related to the examinee&#x2019;s (i) failure to follow procedures, (ii) failure to pass knowledge or behind-the-wheel tests, or (iii) evaluation by a <span class="dictionary">driver</span> rehabilitation specialist are not required to be referred to the Board. The Board shall submit to the <span class="dictionary">Department</span> its recommendations for consideration prior to the scheduled <span class="dictionary">appeal</span> proceedings. In addition, the Board shall assist the <span class="dictionary">Commissioner</span> through the development of medical and health standards for use in the issuance of <span class="dictionary">driver</span>&#x2019;s licenses by the <span class="dictionary">Department</span> to avoid the issuance of licenses to persons suffering from any impairment that will prevent their exercising reasonable and ordinary control over a <span class="dictionary">motor vehicle</span> while driving it on the <span class="dictionary"><span class="dictionary">highways</span></span>.
		The Board shall meet at the pleasure of the <span class="dictionary">Commissioner</span>. Each member shall serve without compensation but shall be reimbursed for his necessary expenses from funds appropriated to the <span class="dictionary">Department</span> of <span class="dictionary">Motor Vehicles</span>.</p></section></text><history>1968, c. 168, &#xA7; 46.1-26.1; 1974, c. 453; 1980, c. 728; 1984, c. 780; 1989, c. 727; 2017, c. 120; 2024, c. 414.</history><metadata></metadata></law>
