Sec. 5.4. Procedures

The following procedures shall apply to vision tests:

(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.