1 AMENDED 2 February 11, 2015 3 4 S. 21 5 6 Introduced by Senators Grooms and Campbell 7 8 S. Printed 2/11/15--S. 9 Read the first time January 13, 2015. 10

[21-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 561222 SO AS TO EXPAND 13 VISION STANDARDS AND TRAINING REQUIREMENTS TO 14 ALLOW CERTAIN PERSONS WHO WEAR BIOPTIC 15 TELESCOPIC LENSES FOR VISION ASSISTANCE TO 16 OBTAIN A DRIVER’S LICENSE. 17 Amend Title To Conform 18 19 Be it enacted by the General Assembly of the State of South 20 Carolina: 21 22 SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is 23 amended by adding: 24 25 “Section 561222. (A) Notwithstanding the provisions 26 contained in Section 561220, a person diagnosed with low vision 27 acuity who uses bioptic telescopic lenses for vision assistance may 28 be issued a driver’s license by the Department of Motor Vehicles if 29 he: 30 (1) submits a vision report form that complies with 31 subsection (B); 32 (2) submits proof that he has been trained to operate a motor 33 vehicle while wearing bioptic telescopic lenses as evidenced by 34 having completed successfully a drivertraining course or program 35 that meets the criteria listed in subsection (C) for these programs; 36 and 37 (3) meets all other qualifications for obtaining a driver’s 38 license, including passing the departmentadministered road test 39 while wearing bioptic telescopic lenses. A person applying for a 40 driver’s license pursuant to this section who fails to pass the road 41 test after three attempts must present certification of repeat

[21] 2 1 completion of a drivertraining course or program that meets the 2 criteria listed in subsection (C). 3 (B) An applicant for a driver’s license who will use bioptic 4 telescopic lenses for vision assistance while driving must submit a 5 vision report form supplied by the department. The report must be 6 completed by an optometrist or ophthalmologist. The report must 7 include: 8 (1) the applicant’s vital data; 9 (2) the bioptic telescopic system vendor’s name and type, 10 strength (in Xpower), and the date the bioptic telescopic system 11 was dispensed to the applicant; 12 (3) a statement regarding whether the applicant has a 13 potentially progressive condition; and 14 (4) certification by an optometrist or ophthalmologist that 15 the applicant: 16 (a) is not impaired in the movement of his eyes, head, or 17 neck; 18 (b) possesses sound cognitive and perceptual skills, 19 reaction time, range of motion, and coordination of upper and 20 lower extremities needed to operate a motor vehicle; 21 (c) is able to detect and recognize the colors of traffic 22 signals and devices showing standard red, green, and amber colors 23 or passes the large disc D15 color test, or both; 24 (d) has visual acuity of at least 20/120 in the better 25 functioning eye when looking through the carrier lens of a bioptic 26 telescopic aid; 27 (e) has improved visual acuity of at least 20/40 using the 28 bioptic telescopic aid in the better functioning eye; 29 (f) has a binocular horizontal visual field diameter of not 30 less than one hundred twenty degrees and a vertical field of not 31 less than eighty degrees without the use of visual field expanders. 32 If the applicant is monocular, the horizontal visual field may not be 33 less than seventy degrees temporally and thirtyfive degrees 34 nasally; 35 (g) has the signed approval of an optometrist or 36 ophthalmologist to apply for driving privileges using a bioptic 37 telescope; 38 (h) has successfully completed an InClinic PreDriver 39 Bioptic Evaluation and Training Program as contained in 40 subsection (C) that was provided by a doctorate level Eye Care 41 Professional (ECP), Certified Driving Rehabilitation Specialist 42 (CDRS), Certified Low Vision Therapist (CLVT), or Certified 43 Orientation and Mobility Specialist (COMS), or such other

[21] 3 1 designations of qualification as may be recognized by the 2 department who are certified in Bioptic Driving Training; and 3 (i) has successfully completed a recognized Bioptic 4 Driving BehindtheWheel Training Program provided by an ECP, 5 CDRS, CLVT, COMS, or such other designations of qualification 6 as recognized by the department who has certification in Bioptic 7 Driving Training recognized by the department. 8 (C) A person applying for a driver’s license pursuant to this 9 section must complete successfully a bioptic driver training course 10 or program certified to train individuals to use bioptic telescopic 11 glasses while operating a motor vehicle. The applicant must pass 12 this training before he is eligible to take the behindthewheel 13 driver’s test administered by the department. This program shall 14 consist of the following two parts: 15 (1) Part 1 is the InClinic PreDriver Bioptic Evaluation and 16 Training Program and is supervised or reviewed by the 17 Optometrist or Ophthalmologist that prescribed the bioptic 18 telescope. This portion of the program is conducted by an ECP, 19 CDRS, CLVT, COMS, or such other designations of qualification 20 as recognized by the department who has certification in Bioptic 21 Driving Training recognized by the department. An applicant 22 must satisfactorily complete all components of Part 1 prior to 23 advancing to the behindthewheel aspect of the Bioptic Training 24 Program. 25 (a) The evaluation portion of Part 1 includes a preliminary 26 interview, an assessment of cognitive and perceptual skills, a 27 commentary drive screening, a reaction time screening, and a 28 preliminary incar driver’s evaluation (including an upper and 29 lower extremities and range of motion skills screening) by an ECP, 30 CDRS, CLV, COMS, or such other designations of qualification as 31 recognized by the department. 32 (b) The training portion of Part 1 requires a minimum of 33 ten hours of commentary driving skills training as a front seat 34 passenger. Commentary driver training must include, but is not 35 limited to, instruction and reinforcement in the following areas: 36 (i) space cushion driving skills; 37 (ii) critical object awareness skills; 38 (iii) basic bioptic utilization skills; 39 (iv) joining and leaving traffic formations; and 40 (v) lane changing skills (including mirror and blind spot 41 awareness skills). 42 (2) Part 2 is the BehindtheWheel Bioptic Driving Program. 43 This program is conducted onroad by an ECP, CDRS, CLVT,

[21] 4 1 COMS, or such other designations of qualification as recognized 2 by the department who has certification in Bioptic Driving 3 Training. The course or program must consist of the following 4 minimum training requirements: 5 (a) for a person with no previous driving experience, the 6 course shall consist of at least thirty hours of behindthewheel 7 driving skills with a bioptic telescopic lens system in place and 8 under the supervision of an ECP, CDRS, CLVT, COMS, or such 9 other designations of qualification as recognized by the department 10 who has certification in Bioptic Driving Training. For a person 11 with previous driving experience, the course shall consist of at 12 least twenty hours behindthewheel driving skills under the 13 supervision of an ECP, CDRS, CLVT, COMS, or such other 14 designations of qualification as recognized by the department who 15 has certification in Bioptic Driving Training; 16 (b) review and integrated reinforcement of the proper and 17 appropriate use of the bioptic telescopic lens system while driving 18 a motor vehicle, including cleaning and focusing procedures and 19 vertical spotting exercises; and 20 (c) the award of a Certificate of Completion of Training to 21 a trainee when he successfully completes the BehindtheWheel 22 Bioptic Driver’s Training Program. He must present this 23 certificate to the department in order to take the ontheroad portion 24 of the driver’s license test with his bioptic telescope system in 25 place. He also shall provide a copy of the certificate to the 26 supervising optometrist or ophthalmologist. 27 The applicant must apply for a driver’s license and take the 28 department road test within twelve months of having completed 29 the BehindtheWheel Bioptic Driving Program. The road test is the 30 same standard road test taken by all other persons applying for a 31 regular driver’s license. 32 (D) A person who is licensed to drive using bioptic telescopic 33 aid is subject to restrictions placed on his license. Restrictions 34 may include, but are not limited to: 35 (1) driving only during daylight hours; 36 (2) the vehicle being operated by the bioptic driver must be 37 equipped with both left and right side mirrors; 38 (3) the bioptic driver shall not be permitted to operate a 39 motorcycle, moped, or motor scooter; 40 (4) the bioptic driver may not drive during adverse weather 41 conditions that significantly reduce the visibility of the roadway or 42 other traffic and traffic control devices; 43 (5) a maximum speed of fifty miles per hour;

[21] 5 1 (6) no other mental or physical handicaps; and 2 (7) no driving on an interstate highway. 3 Any restrictions must be confirmed and finalized by the 4 department’s certified driver licensing examining officer. Any 5 restrictions must be eligible for review and reconsideration after 6 one year, as determined and recommended by the examining 7 optometrist or ophthalmologist and approved the department. 8 (E) An applicant who is issued a driver’s license pursuant to 9 this section must have the low vision report updated annually 10 within sixty days of the annual anniversary date of driver’s 11 licensure by an optometrist or ophthalmologist and submit it to the 12 department for review. The eye care professional that examines 13 the applicant and completes the report shall indicate at the top of 14 the report whether the applicant’s vision condition has deteriorated 15 so that the applicant no longer meets the requirements of 16 subsection (B)(4). The department shall review the report. 17 (F) If the report indicates a progressive loss of vision but the 18 applicant still meets the vision requirements of subsection (B)(4), 19 the applicant may be required to take additional driver training and 20 additional onroad testing before his license may be renewed. 21 (G) If the report indicates that the applicant no longer meets the 22 requirements of subsection (B)(4), the department immediately 23 shall revoke the license held by the applicant. To be issued a new 24 valid license, the applicant must retake the department 25 administered road test and meet the requirements of subsection (B) 26 (4). 27 (H) Nothing in this section permits an applicant who uses 28 bioptic telescopic lenses for vision assistance to apply for a license 29 to operate a motorcycle or a commercial driver’s license.” 30 31 SECTION 2. The department shall promulgate any regulations as 32 may be necessary to implement the provisions of Section 1. 33 34 SECTION 3. This act takes effect one year after approval by the 35 Governor. 36 XX 37

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