Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
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(732) 572-0500 More information at www.njlaws.com/

Sunday, February 22, 2015

Medical review process of MVC

Medical review process of MVC

from http://www.state.nj.us/mvc/Licenses/medical_review_process.htm
Medical review is conducted on a case-by-case basis and can be a complex process. The following information provides you a general overview of how the process works: 
  • After receiving information about a motorist, MVC may send them a letter stating that a medical review is required. The letter includes medical forms that must be completed by a physician 
  • The motorist must visit a physician and return the forms within 45 days. Failure to return the medical forms on time will result in a license suspension
  • The physician's findings will determine the next steps in the Medical Review process, which may range from indefinite license suspension to a restricted license, to no action required. Many times, additional information or tests are required before the medical review can continue and a decision can be made 
  • In instances where a seizure disorder, syncope condition or recurrent loss of motor coordination has been identified, a 15-day direct order may be issued according to NJAC 13:19-5.2 
  • Approximately 55% of cases are referred to doctors on MVC's Medical Advisory Panel. These doctors review information and test results provided by the driver’s personal physician—the Medical Advisory Panel does not perform examinations or communicate directly with drivers. This process takes approximately 3-4 weeks 
  • The medical review may result in:
    • Restricted driving privileges 
    • Suspension of driving privileges 
    • Re-exam 
    • Regular monitoring and reporting of medical conditions 
    • You can appeal the administrative action by submitting a written hearing request in accordance with NJAC 13:19-1.1, however, if a direct order of suspension has been issued, a hearing request will not stop the impending suspension. (NJAC 13:19-5.2)