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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6380

August 18, 1986

MOTOR VEHICLES:

Driver's license--vision examination of applicant

The Secretary of State may not reject an otherwise valid Statement of Vision Specialist signed by an ophthamologist or optometrist submitted by an applicant for a driver's license or a licensee seeking renewal of a driver's license based solely upon a second Titmus or Snellen test administered by a nonprofessional employee of the Department of State.

The Secretary of State may require an additional examination of the applicant or licensee by another ophthamologist or optometrist if there is reason to believe, based upon good cause, that the Statement of Vision Specialist is not valid.

Honorable Joe Conroy

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion on the following question:

"Under these rules [Administrative], does the Michigan Secretary of State have the authority to disregard the required vision findings signed by a vision specialist (optometrist or ophthalmologist) and, in its place, substitute the vision findings of an employee (a non-vision specialist) of an office of the Michigan Secretary of State?"

MCL 257.309(1); MSA 9.2009(1), gives the Secretary of State the authority to examine applicants for operator's and chauffeur's licenses:

"Before issuing a license, the secretary of state shall examine each applicant for an operator's or chauffeur's license who at the time of the application is not the holder of a valid, unrevoked operator's license under the law of this state providing for the licensing of drivers. In all other cases, the secretary of state may waive the examination, except that an examination shall not be waived if it appears from the application, from the apparent physical or mental condition of the applicant, or from any other information which has come to the secretary of state from another source, that the applicant does not possess the physical, mental, or other qualifications necessary to operate a motor vehicle in a manner as not to jeopardize the safety of persons or property; or that the applicant is not entitled to a license under section 303. A licensee who applies for the renewal of his or her license by mail pursuant to section 307 shall be required to certify to his or her physical capability to operate a motor vehicle."

The Secretary of State has promulgated rules regarding visual examinations and vision standards, 1979 AC, R 257.1 et seq, which provide:

R 257.1 "A driver's license applicant and a licensed driver examined as required under chapter 3 of Act No. 300 of the Public Acts of 1949, as amended, being sections 257.301 to 257.327 of the Michigan Compiled Laws, in order to be licensed shall successfully pass a vision test authorized or administered by the department and meet other requirements of law. Whenever required hereunder he shall submit a statement of examination on a form prescribed by or acceptable to the department which shall contain the name, address, title, and signature of an ophthalmologist or an optometrist, and the full name, address, date of birth, result of the examination, date of examination, and signature of the applicant."

R 257.2 "An unrestricted driver's license may be issued to an applicant or licensee who has visual acuity of 20/40 and a peripheral field of vision of 140 degrees. Visual acuity less than 20/40 to and including 20/50 and a peripheral field of vision of 140 degrees or less to and including 110 degrees may be accepted if the applicant or licensee submits a statement of examination on a form prescribed by or acceptable to the department signed by an ophthalmologist or optometrist."

R 257.3 "(1) A restricted driver's license requiring the driver to wear appropriate corrective lenses while driving may be issued if corrective lenses are necessary to meet any vision requirement.

(2) A restricted driver's license permitting daylight driving only may be issued if an applicant or licensee submits a statement from an ophthalmologist or optometrist stating 1 of the following:

(a) He has visual acuity less than 20/50 to and including 20/70 with no recognizable progressive abnormalities affecting vision.

(b) He has visual acuity less than 20/50 to and including 20/60 with recognizable progressive abnormalities affecting vision.

(3) A restricted driver's license containing additional conditions and requirements may be issued to an applicant or licensee who has a peripheral field of vision of less than 110 degrees to and including 90 degrees. The applicant or licensee shall pass any driving test specified by the department.

(4) A restricted driver's license may contain additional conditions and requirements."

R 257.4 "A driver's license shall be denied or supended [sic] indefinitely if an applicant or licensee has visual acuity less than 20/60 with recognizable progressive abnormalities affecting vision; visual acuity less than 20/70 without recognizable progressive abnormalities affecting vision; visual acuity of 20/100 or less in 1 eye and less than 20/50 in the other; or a peripheral field of vision less than 90 degrees."

R 257.5 "The department may require an additional examination of the applicant or licensee."

When a person applies for a new driver's license or renewal of an existing driver's license, the Department of State administers a vision test. The offices of the Secretary of State may administer either the Titmus (machine) vision test or the Snellen (wall chart) vision test.

Your office advises that in the event a person is unable to pass either the Titmus or the Snellen vision test, a form entitled Request for Statement of Vision Specialist (DI-4V) is issued to the person to be completed by an ophthalmologist or optometrist. The license applicant then has the option of contesting the findings of the vision test administered by the Secretary of State by securing a statement of examination from an ophthalmologist or optometrist, or not proceeding with the license application. Where the license applicant decides to contest the vision findings of the Secretary of State, the Request for Statement of Vision Specialist form is to be delivered to an ophthalmologist or optometrist and authorization given for release of information on the form to the Secretary of State. The license applicant has the option of having a new examination or having the ophthamologist or optometrist record pertinent information from the applicant's last vision examination.

The Request for Statement of Vision Specialist form provides for the name, address, title and signature of an ophthalmologist or optometrist, and the full name, address, date of birth, result of the examination, date of examination, and signature of the applicant as required by 1979 AC, R 257.1. A summary of the vision screening standards for driver licensing in Michigan is set forth on the back of the form. The ophthalmologist or optometrist is asked to specify reasons for visual impairment and the prognosis. The form is to be signed by the ophthalmologist or optometrist and sent to the local Secretary of State's office specified on the form.

It is noted that OAG, 1977-1978, No 5132, p 164 (July 7, 1977), determined that the testing of the human eye with a tonometer in a public screening by an unsupervised, nonprofessional does not constitute the practice of optometry. Subjective vision tests like the tonometer may be relied upon to detect the existence of some visual deficiency. These vision tests may not, however, be substituted for the precise determination of visual acuity made by an ophthalmologist or optometrist in a vision examination.

Your question involves the events which take place when a statement of examination from an ophthalmologist or optometrist is returned to the Secretary of State's office.

1979 AC, R 257.1 et seq, set forth the procedures which must be followed in the event that the completed Statement of Vision Specialist form is returned to the Secretary of State's office by the license applicant. In those instances where the statement of examination certifies the applicant or licensee has visual acuity of 20/40 and a peripheral field of vision of 140 degrees, the driver's or chauffeur's license shall require no visual restrictions. 1979 AC, R 257.2. In the event that the statement of examination certifies the applicant or licensee has corrected vision within specified vision standards, the driver's or chauffeur's license shall specify the conditions and requirements on the license. 1979 AC, R 257.3. Where the statement of examination states the license applicant has less than 20/60 visual acuity with progressive abnormalities affecting vision, visual acuity of 20/100 in one eye and less than 20/50 in the other eye and/or peripheral field of vision of less than 90 degrees, the driver's license shall be denied or suspended indefinitely. 1979 AC, R 257.4.

The Secretary of State may require an additional examination by an ophthalmologist or optometrist of the applicant or licensee under 1979 AC, R 257.5 where there is reason to believe, based upon good cause shown, that the statement of examination is not a valid certification of the license applicant's visual acuity. Examples of where the validity of a visual acuity certification may be challenged and an additional examination required include where the "date of last exam" on the form indicates that the vision statement is based upon an outdated vision examination; where the vision statement is incomplete; where the vision statement is filled out and signed by someone other than a licensed ophthalmologist or optometrist; or where there is clear evidence of alteration of the results or information in the vision statement.

Since 1979 AC, R 257.5, contemplates an additional examination by an ophthamologist or optometrist for good cause shown, the validity of a Statement of Vision Specialist may not be challenged based solely upon the results of a second Titmus or Snellen vision test administered by an unsupervised, nonprofessional employee of the Department of State.

It is my opinion, therefore, that the Secretary of State may not reject an otherwise valid Statement of Vision Specialist signed by an ophthamologist or optometrist submitted by an applicant for a driver's license or a licensee seeking renewal of a driver's license based solely upon a second Titmus or Snellen test administered by a nonprofessional employee of the Department of State. It is my further opinion that the Secretary of State may require an additional examination of the applicant or licensee by another ophthamologist or optometrist if there is reason to believe, based upon good cause shown, that the Statement of Vision Specialist is not valid.

Frank J. Kelley

Attorney General

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