Current through Register Vol. 45, No. 52, December 27, 2023
(a)
(1) The vision test may be administered by
the Department of Motor Vehicles or another state's Department of Motor
Vehicles or by staff of an organization deputized by the commissioner to
conduct such tests, in accordance with training and standards established by
the commissioner, or by a licensed physician, physician assistant, optometrist,
ophthalmologist, optician, pharmacist, nurse practitioner, registered nurse, or
their supervised staff. However, the Department of Motor Vehicles, another
state's Department of Motor Vehicles, an organization deputized by the
commissioner or a pharmacist or a pharmacist's supervised staff shall only test
for a minimum visual acuity of 20/40 (Snellen) in either or both
eyes.
(2) Except as provided in
paragraph (3) of this subdivision, a statement from a licensed physician,
physician assistant, optometrist, ophthalmologist, optician, nurse practitioner
or registered nurse must be on a letterhead or prescription blank imprinted
with the name, address and title of the authorized person making the
certification, or on a form furnished by the commissioner, and such statement
shall identify the patient, indicate whether test results were obtained with or
without corrective lenses, and include the date of test, signature and license
number of person authorized to certify the statement and affirm that the
individual has met the minimum visual acuity of 20/40 (Snellen) in either or
both eyes. No statement will be acceptable if the date of the examination is
more than six months or more than one year, as determined by the health care
professional defined herein, prior to the date of submission of the statement
to the commissioner.
(3) Staff of
an organization deputized by the Department of Motor Vehicles pursuant to
paragraph (1) of this subdivision, or a pharmacist or a pharmacist's supervised
staff must report results of vision tests through an electronic registry
established by the Department of Motor Vehicles. Any other party authorized to
conduct a test pursuant to paragraph (1) of this subdivision may, but is not
required to, use such registry for the reporting of results in lieu of filing a
paper report as specified in such paragraph.
(4) The commissioner may immediately withdraw
the deputization of an organization authorized to conduct a test pursuant to
paragraph (1) of this subdivision upon a finding that there are reasonable
grounds to believe that such organization, or staff of such organization, are
conducting such tests in a manner inconsistent with the training and standards
established by the commissioner for the administration of such tests.
(b) If an individual has a
satisfactory visual acuity less than 20/40 but not less than 20/70 (Snellen)
and a horizontal field of vision of 140 degrees, only a statement from a
physician, ophthalmologist or optometrist will be accepted. Such statement
shall also contain:
(1) a statement as to
whether or not the person has a vision condition which is
deteriorating;
(2) recommendations
for the driving restrictions the physician, ophthalmologist or optometrist
wishes the commissioner to consider, if any; and
(3) recommendations for the commissioner's
consideration relating to a vision examination on a 6- or 12-month basis, if
any.
If a statement is submitted by an optometrist, it must
specify whether or not the person has been referred to an appropriate physician
because of a detected medical condition.
(c) If an individual has a satisfactory
visual acuity based upon 20/40 (Snellen) with telescopic lenses and a corrected
visual acuity through the carrier lenses of 20/100 and a horizontal field of
vision of no less than 140 degrees with the telescopic lenses in place without
the use of field of expanders, only a statement from a physician,
ophthalmologist or optometrist will be accepted. Such statement shall include
all of the information required in subdivision (b) of this section and shall
also contain:
(1) a statement that the person
has been fitted for telescopic lenses which he has had in his possession at
least 60 days prior to his original or renewal application for a New York
driver license; and
(2) a statement
that the person has received training at least equal to the suggested training
as set forth in section
5.5(b)
of this Part.
If a statement is submitted by an optometrist, it must
specify whether or not the person has been referred to an appropriate physician
because of a detected medical condition.
