North Carolina § 20-9 - 1. Physicians, psychologists, and other medical providers providing medical information on drivers with physical or mental disabilities or diseases.

§ 20-9. 1. Physicians, psychologists, and other medical providers providing medical information on drivers with physical or mental disabilities or diseases.

Notwithstanding G.S. 8-53 for physicians and G.S. 8-53.3 for psychologists, or any other law relating to confidentiality of communications between physicians, psychologists, or other medical providers and their patients, a physician, psychologist, or other medical provider duly licensed in the State of North Carolina may disclose after consultation with the patient to the Commissioner information about a patient who has a physical or mental disability or disease that the physician, psychologist, or other medical provider believes may affect the patient's ability to safely operate a motor vehicle. This information shall be limited to the patient's name, address, date of birth, and diagnosis. The information provided to the Commissioner pursuant to subsection (a) of this section shall be confidential and shall be used only for the purpose of determining the qualifications of the patient to operate a motor vehicle. A physician, psychologist, or other medical provider disclosing or not disclosing information pursuant to this section, or conducting an evaluation and making a recommendation to the Division regarding a person's ability to safely operate a motor vehicle, is immune from any civil or criminal liability that might otherwise be incurred or imposed based on the action taken provided that the physician, psychologist, or other medical provider was acting in good faith and without malice. In any proceeding involving liability, good faith and lack of malice are presumed. History (1997-464, s. 1; 2016-94, s. 35.20(d).) Editor's Note. - Session Laws 2016-94, s. 35.20(h), made the amendments to this section by Session Laws 2016-94, s. 35.20(d), applicable to drivers licenses issued or renewed on or after July 1, 2016 and hearings requested on or after July 1, 2016. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.' " Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2016-94, s. 35.20(d), effective July 1, 2016, rewrote the section heading; and rewrote subsections (a) and (c). See editor's note for applicability.