Friday, December 9, 2011

AG says TN can require senior driving retesting

Tennessee can require seniors to retest for driver's license once they reach a certain age, says Attorney General Robert Cooper, in an opinion released on December 5.

The State can also modify tests for seniors, to take in consideration aging issues as they pertain to driving and require retesting if they are involved in accidents or if the family expresses concerns, Cooper opined.

Cooper said that it would not be necessary for the State to enact legislation to allow physicians to relay information to the Department of Safety if he were concerned that a seniors health would impair his driving.
HIPAA regulations allow a healthcare provider to provide protected health information to public officials where the it has a good faith belief that disclosure is necessary to protect public health, the opinion states.

Cooper responded to questions posed by District 65 Rep. Eddie Bass.

To read the entire opinion, click on the following link.

http://www.tn.gov/attorneygeneral/op/2011/op11-80.pdf

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