AG U96-06.

• Case Date: September 03, 1996
• Court: Rhode Island

Rhode Island Attorney General Opinions 1996. AG U96-06. UNOFFICIAL OPINION U96-06September 3, 1996Thomas M. HarringtonAdministrator Division of Motor Vehicles 286 Main Street Pawtucket, Rhode Island 02860 Dear Mr. Harrington: I write in response to your letter of August 22, 1996 requesting legal advice on three questions. First, you ask whether the Attorney General is required to represent members of the Division of Motor Vehicles' Medical Advisory Board (the "Board") should a physician member be sued for recommending that a motorist be allowed to drive and/or for recommending removal of an operator. Second, you request whether the State of Rhode Island will indemnify a member of the Board, sued in his or her official capacity, should a judgment be rendered against him or her. Finally, you request whether the State is willing to provide malpractice insurance if the Attorney General feels that there is a potential for loss. The Board is established pursuant to R.I. Gen. Laws § 31-10-44 to function as a reviewing and advisory panel to the registrar of motor vehicles on the subject of physical standards for operators of motor vehicles. The members of the Board are appointed by the Governor and/or the Director of the Rhode Island Department of Health. Pursuant to R.I. Gen. Laws § 31-10-44(g): Any physician or optometrist reporting in good faith and exercising due care shall have immunity from any liability, civil or criminal, that otherwise might result by reason of his or her actions pursuant to this section. No cause of action may be brought against any physician or optometrist for not making a report pursuant to this section. Accordingly, the physician members of the Board are immune from suit as long as they act in good faith and exercise due care in the performance of their duty. The Board reviews medical records and/or test results and makes recommendations based thereon. The Board members do not personally examine or treat individuals. Therefore, there is no "physician-patient" relationship between the motor vehicle operator and a Board member. The Attorney General is generally required by R.I. Gen. Laws § 42-9-6 to represent, when requested, all state officers, departments, commissions and boards. In addition, R.I. Gen. Laws § 9-31-8 provides that the Attorney General shall defend any action brought against a state...