ARTICLE 2. DIVISION OF MOTOR VEHICLES.

§17A-2-26. Enrollment of persons with communication disability.

(a) As used in this section:

(1) “Communication disability” has the same meaning as in §17A-2-27 of this code.

(2) “Disability that can impair communication” has the same meaning as in §17A-2-27 of this code.

(3) “Legal guardian” has the same meaning as in §49-1-205 of this code.

(4)“Ward” means a person for whom a legal guardian has been appointed.

(b) The Division of Motor Vehicles shall establish and maintain a database of persons who enroll under this section as being diagnosed with a communication disability or a disability that can impair communication.

(c) Any person diagnosed with a communication disability or a disability that can impair communication who is 18 years of age or older may enroll with the division for inclusion in the database by submitting a completed verification form to the division.

(d) Any parent or guardian of a minor child or a ward diagnosed with a communication disability or a disability that can impair communication may enroll the minor child or the ward with the division for inclusion in the database by submitting a completed verification form to the division.

(e) (1) The division shall include in the database information provided on a completed verification form that the division determines is necessary for a law-enforcement officer to identify a person as diagnosed with a communication disability or a disability that can impair communication. The division shall make the database available to state and local law-enforcement officers through a law-enforcement automated data system.

(2) Information in the database is not a public record subject to inspection or copying under Chapter 29B of this code.

(f) A person diagnosed with a communication disability or a disability that can impair communication who is included in the database, or the parent or guardian of a minor child or a ward diagnosed with a communication disability or a disability that can impair communication who is included in the database, may request removal of the person, minor or ward, as applicable, from the database. The person, parent or guardian shall do so by completing the verification form with only the information required under subsection (c), subdivisions (1), (2), (3), (8) and (9) of §17A-2-27 of this code, as applicable, and submitting the form to the division. Upon receipt of a properly completed verification form requesting the removal of a person with a communication disability or a disability that can impair communication from the database, the division shall immediately remove that person from the database.

(g) The division may propose rules for promulgation in accordance with the provisions of §29A-3-1 et seq. of this code to carry out the requirements of this section.

§17A-2-27. Form for inclusion in database with a communication disability.

(a) As used in this section:

(1) “Communication disability” means a human condition involving an impairment in the human’s ability to receive, send, process or comprehend concepts or verbal, nonverbal or graphic symbol systems that may result in a primary disability or may be secondary to other disabilities.

(2) “Disability that can impair communication” means a human condition with symptoms that can impair the human’s ability to receive, send, process or comprehend concepts or verbal, nonverbal or graphic symbol systems.

(3) “Legal guardian” has the same meaning as in §49-1-205 of this code.

(4) “Health care provider” means a person as defined in §16-30-3 of this code.

(5) “Psychiatrist” means a licensed physician who has satisfactorily completed a residency training program in psychiatry, as approved by the residency review committee of the American Medical Association, the committee on post-graduate education of the American Osteopathic Association, or the American Osteopathic Board of Neurology and Psychiatry.

(6) “Psychologist” means a person licensed under the provisions of §30-21-1 et seq. of this code.

(b) The form shall include the following information:

(1) The name of the person diagnosed with a communication disability or a disability that can impair communication;

(2) The name of the person completing the form on behalf of the person diagnosed with a communication disability or a disability that can impair communication, if applicable;

(3) The relationship between the person completing the form and the person diagnosed with a communication disability or a disability that can impair communication, if applicable;

(4) The driver’s license number or state identification card number issued to the person diagnosed with a communication disability or a disability that can impair communication, if that person has such a number;

(5) The license plate number of each vehicle owned, operated or regularly occupied by the person diagnosed with a communication disability or a disability that can impair communication, or enrolled in that person’s name;

(6) A physician’s, psychiatrist’s, or psychologist’s signed certification that the person has been diagnosed with a communication disability or a disability that can impair communication;

(7) The name, business address, business telephone number and medical license number of the physician, psychiatrist or psychologist making the certification;

(8) The signature of the person diagnosed with a communication disability or a disability that can impair communication, or the signature of the person completing the form on behalf of such a person, that may indicate the desire to be removed from the date base; and

(9) Option to explain – A place where the person or persons may include a short explanation of the type of disability, possible symptoms, and measures which could alleviate or lessen the symptoms.

(1) Any person diagnosed with a communication disability or a disability that can impair communication who is 18 years of age or older;

(2) The parent or parents of a minor child diagnosed with a communication disability or a disability that can impair communication;

(3) The guardian of a person diagnosed with a communication disability or a disability that can impair communication, regardless of the age of the person.

(d) The Division of Motor Vehicles shall make the verification form electronically available on each of their respective websites.”