2023 Laws of Puerto Rico › TITLE NINE - Highways and Traffic (§§ 1-8 — 5725) › Chapter 27 - Vehicle and Traffic Law (2000) › Subchapter II - Requirements and Procedure for Issuance, Expiration and Renewal of Driver’s Licenses (§§ 5051 — 5077) › § 5060 - Medical Advisory Board

(a) The Secretary shall establish a Medical Advisory Board for issuance of driving licenses composed by seven (7) members, appointed by the Secretary.
(b) Said members shall be appointed for a term of four (4) years and upon such appointment shall hold office until their successors are appointed and take office. Every vacancy that may occur before expiration of said term shall be covered for the remainder of the term. The members of the Board shall be physicians authorized to practice the medical profession in Puerto Rico.
(c) Four (4) members of the Board shall constitute quorum and the vacancy or absence of three (3) members shall not affect the right of the remaining members to exercise all the powers of the Board. The agreements of the Board shall be made by a majority vote of the members present.
(d) The Board shall have the following duties and powers:
(1) Advise the Secretary on medical matters, use of technologically assisted equipment for persons with disabilities, and on eyesight standards in connection with the authorization of drivers under the provisions of § 5058 of this title and on the promulgation of its regulations.
(2) Keep an official record of the cases submitted by the Secretary for evaluation as well a record of the decisions of the Board.
(3) Select a Chairperson among its members.
(4) Any other duty or power delegated by the Secretary.
(e) If the Secretary has grounds to believe that a licensed driver or an aspirant to a driving license is not physically or mentally capable to own a driving license, he/she may request the counsel and advice of the Board, and shall thus notify the driver or aspirant in writing. The Board may draft its recommendations based on the reports and registers or may examine or refer the person to the Department of Health or Medical Center for examination. The licensed driver or aspirant may be examined by a physician of his/her choice. When the condition involves eyesight, the examination shall be made by an optometrist or ophthalmologist. The results of the examination shall be duly considered by the Board, together with any other reports available to issue an opinion. Said procedure shall not extend beyond ninety (90) days.
(f) The members of the Board as well as those persons who examine the authorized driver or aspirant shall not be liable, and therefore may not be sued for reason of any opinions or recommendations they may submit to the Board.
(g) Those reports received or conducted by the Board or its members for the purpose of advising the Secretary in the decision of whether a person is apt to obtain a driver’s license shall be confidential and for the exclusive use of the Board or the Secretary and may not be disclosed by any person or be used as evidence in any trial. It is provided that the reports may be used in those internal procedures of the Department regarding issuance, renewal or revocation of driving licenses and any person who performs an examination, as provided in subsection (e) of this section, may be called to declare on his/her observations and conclusions regarding such proceedings. The affected person shall be entitled to receive copies of the medical reports, upon his/her request.
(h) The members of the Board shall receive a sum equal to the minimum per diems received by members of the Legislature of Puerto Rico under §§ 28 et seq. of Title 2, on account of per diems for each day of meeting attended.
History —Jan. 7, 2000, No. 22, § 3.10; June 3, 2004, No. 132, § 3, eff. 8 months after June 3, 2004.