Lynchburg’s first luxury hotel is back on the map, more than 100 years later—with no detail overlooked

Four years ago, George Stanley and Blair Godsey, the developers behind Imperial Tobacco Lofts, Cliff’s Edge Lofts, and other recent Lynchburg building projects, were looking for a new challenge.

Then the Virginian, a former hotel at the corner of Church and Eighth streets, went up for sale.

For 30-some years, the Virginian had served as low-income housing. Before that, it spent 10 years as a dormitory for Liberty University, then Lynchburg Baptist College. For a brief time, in the late 1960s/early ’70s, it was the Stewart Arms hotel. But before that, from 1913 to 1968, it was the Virginian Hotel.

When the Virginian Hotel first opened on April 30, 1913, Woodrow Wilson was president of the United States, a loaf of bread cost six cents, and Lynchburg was amid what The Times Dispatch in Richmond would call its “Great Building Boom.”

At the time, the Virginian was one of several high-profile construction projects underway in the Hill City. The Times Dispatch credited the city’s chamber of commerce with not only seeing the need for a luxury hotel but also with raising the $300,000 needed to build it.

Hundreds of people attended the Virginian’s grand opening. The following morning, the Lynchburg News praised the hotel’s “artistic beauty,” saying it was “completed with every detail,” with a “spacious lobby … finished in tan, with a blue tapestry effect” and a “men’s café,” decorated with mission-oak furniture.

According to the paper, the first guest to sign in was Mr. S.E. Blackford, of Hampton, Virginia.

A ‘crazy’ idea

By 2014, when Stanley and Godsey first saw the Virginian, it wasn’t much to look at. As Godsey puts it, the hotel was a “very much-depreciated asset,” with leaky plumbing, a leaky roof and other serious issues.

Despite that, Godsey said he and Stanley “were able to see beyond the filth and disrepair.” There also was a hidden gem: the original marble staircase, which had been walled off from public view for more than 30 years. “It was beautiful,” Godsey said.

Initially, the developers thought they might convert the Virginian into high-end apartments, the kind of work they’d been doing for years. They soon realized that wouldn’t work because there was a large amount of space that couldn’t be easily converted into apartments.

So, Godsey floated an idea: “I proposed the idea of ‘How great would it be if it could be redeveloped and brought back as a luxury hotel?’ And everyone, at first, thought I was crazy.”

Intrigue, scandal and the ‘Hot Virgin’

Proposing that the dilapidated building be returned to its former glory wasn’t the first “crazy” thing to happen in the hotel’s history.

In April of 1916, for example, a Kentucky man wrote his hometown newspaper from the Virginian, described by the paper as a “swagger hotel at Lynchburg.” The man, Walter Stadelman, wanted to set the record straight on why he hadn’t been seen around town lately.

“Dear Sir,” he wrote to the editor of the Hopkinsville New Era. “Will you be kind enough to let my Hopkinsville friends know through the columns of your paper that I am living at Lynchburg, Va., and not in prison as a German spy, as reported in your city? I am no pirate or spy but enjoying the pure air and freedom of the mountains of Virginia.”

In 1958, an ax-wielding Virginian bellhop named Clarence Dabney wounded one man and killed another before being arrested. The murder victim, William Owen Grubbs, was attacked at a service station across the street from the Virginian. A Tennessee newspaper said Grubbs’ body was discovered by another bellhop and a hotel guest.

Then there was the “Hot Virgin.” During the Virginian’s first stint as a hotel, light bulbs on the hotel’s rooftop sign—it said “Hotel Virginian” at the time—would suspiciously go out. When they did, the sign would read “Hot Virgin.”

‘Full-speed development’

Stanley and Godsey decided to go for it. After some preliminary design work, they put the building under contract and spent the next year wrangling financing and state and federal historic tax credits. Construction began in 2016 and from that point on, Godsey said, “it was full-speed development.”

Asked about the challenges of resurrecting the Virginian, both Stanley and Godsey laughed.

“It was an incredibly challenging project,” Stanley said, citing, among other things, the creation of Lynchburg’s only rooftop restaurant, the Skyline Grill. “The rooftop addition was structurally very challenging. From a historic-approval point, we were able to get that rooftop addition approved and we were extremely fortunate.”

Stanley and Godsey also negotiated with Hilton Hotels for the Virginian to be part of the Hilton Curio Collection, a global chain of boutique hotels that also includes The Hotel Roanoke. “We realized very quickly, when we decided to do a hotel, that we were going to need, and wanted, an affiliation with one of the big hotel brands,” Godsey said.

“We identified the Curio Collection, a soft-branded, four- or five-star brand by Hilton that allows you to … utilize their reservation system and the Hilton Honors program, but also allows you to develop a unique, independent property.”

While Hilton gives owners creative freedom, opening a boutique hotel isn’t easy. “There’s a level of detail that goes into developing a boutique property,” Godsey said. “There were no grand standards, so it created huge amounts of design complications and challenges.

“Everything in the hotel was custom designed, from the furniture to the beds to the carpet. Trying to figure out how to bring [together] 115 guest rooms, almost 10,000 square feet of banquet space and three restaurants with a common, but unique, design was the most-challenging part.”

Two years and $30,000,000 later, which Stanley said included “acquisition, renovation and the rear parking-deck construction,” it appears they’ve done it.

‘Completed with every detail’

Like the newspaper’s 1913 description of the hotel, the second coming of the Virginian was “completed with every detail.” Throughout the hotel, there’s a midcentury-meets-Hollywood-Regency vibe, with white marble, crystal chandeliers, satin-brass accents, and Moore & Giles leather furniture. There’s also lots of original artwork, much of it local.

Above the check-in desk is a metal-and-glass piece by Paul Clements, creator of Lynchburg’s LOVE sculpture. In a gallery off of the ballroom are impressionist landscapes and cityscapes by Lynchburg painter Annie Harris Massie.

Local artist Kevin Chadwick was commissioned to do two series of paintings, one of which hangs in the elevator lobby, near the Marigold Café. Chadwick said the owners gave him lots of leeway, asking only for something in the art deco style that incorporated marigold flowers and told a local story.

The end result is four dazzling paintings that feature notable people from Lynchburg’s past: pioneering aviator Chauncey Spencer, folk artist Queena Stovall, architect Amaza Meredith, shoe-factory owner John Craddock, dancer Helen McGehee, poet Anne Spencer, painter Pierre Daura, writer Pearl Buck and surgeon Dr. Rosalie Slaughter.

Chadwick’s subjects are intertwined with marigolds, as requested, along with Italian greyhounds, a favorite breed of the artist’s. Chadwick also incorporated his signature technique, a patchwork of different patterns that is woven through each painting. As he describes it, it represents “peeling back the layers, through the years.”

Lynchburg’s ‘Eloise’

One person who’s anxious to see the resurrected Virginian is Barbara Chavatel. Chavatel grew up at the Virginian Hotel, much like “Eloise,” title character of the popular children’s book series, lived at the Plaza Hotel in New York City. Chavatel lived at the Virginian, where her father was general manager, from 1938 to 1957, from the age of 2 to 21.

As a youngster, Chavatel rode her tricycle down the Virginian’s halls. She met movie stars, who were in town selling war bonds, and Helen Keller. “I remember that very vividly,” Chavatel said of Keller, the blind-and-deaf activist, author and lecturer. “She put her hands on my face and looked at me with her hands. I remember her saying, ‘What a pretty girl.’”

Chavatel was a favorite of the hotel staff, who called her “Miss Barbara” and doted on her. “They were very much a part of my family,” Chavatel said, adding that Lacey, the hotel’s maître d’, was particularly dear. “Lacey was one of my favorites and I think I was one of his favorites.”

When she went to Randolph-Macon Woman’s College, Chavatel said Lacey “told the major cook there that ‘I’m seeing Miss Barbara out to school and I want you to fix her something good to eat.’”

When Chavatel married in 1958, the largely African-American staff gathered to see her off to her wedding. Many attended the wedding as well. Because it was during segregation, however, the usher was flummoxed as to what he should do. Chavatel told him, “Well, you seat them. On my side.”

After her marriage, Chavatel moved away. The decades passed, the Virginian closed and the property fell into disrepair. When she returned to Lynchburg for college reunions, Chavatel said couldn’t bear to drive by her old home.

Now, she’s ready to see the Virginian again. “I have a friend in Lynchburg who’s been sending me articles,” Chavatel, who lives in Richmond, said. “I’m delighted that they’re [redeveloping] it. I certainly commend the owners and everyone who had something to do with it.”

She’s planning to attend the grand opening, which will likely be held in September. The owners are looking forward to seeing her. “We invited her to come up before the grand opening,” Stanley said. “We’ve told her we’d comp a room [for her] anytime she wants to [come]. She’s absolutely invited to stay. Our idea, for the grand opening, is to have her serve as guest of honor.”

Connect with Nature… Without Sacrificing Comfort

My husband is an Eagle Scout who spent lots of time backpacking throughout Virginia; thus, he digs camping. I didn’t last a day in Brownies back on my native Long Island and have never actually been camping. Now, while the notion of telling ghost stories around a fire, playing music, roasting hot dogs, and making s’mores appeals to me, the idea of spending the night in sleeping bags and tents does not. No AC, no running water, no bathroom? No thank you!

So the question looms: how can my husband and I enjoy the great outdoors together? Glamping! Glamourous camping combines the best in modern luxuries with rustic settings and views aplenty, and Virginia is home to several properties that each has its own unique (and posh) spin on the glamping concept. Sign me up!

Look Out from a Treehouse

The Primland Resort in Meadows of Dan is known for its remarkable 12,000 acres of secluded Blue Ridge mountaintop complete with top-rated cuisine and first-class service. Over the past several years, guests have had the chance to take advantage of the resort’s newest accommodations: three luxury treehouses.

Primland vice president Steve Helms says the idea came from one of the resort’s owners who knew Mr. Alain Laurens, famous for his treehouse work in Europe. Laurens, who has built more than 200 treehouses throughout Europe, accepted the invitation to visit the resort and look for a great tree to use as the first treehouse. This project at Primland became Laurens’ first treehouse project in the U.S. He designed and built the Golden Eagle house for Primland in 2011. “It was constructed in France and shipped to Virginia in two containers, and it took only two weeks to reconstruct the treehouse on site,” says Helms.

All three treehouses are located at the end of a ridge point with a view of Kibler Valley 1,500 feet below. According to Helms, the treehouses are “great for couples looking for a peaceful getaway or for celebrating a special occasion. The deck is also a perfect spot for a proposal or writing the next best seller!” Guests stay upwards of 1,300 feet high and enjoy privacy and stargazing in addition to having access to all of the amenities of the greater resort.

Any season is perfect for staying in a treehouse, says Helms. “Spring has more in bloom along with baby fawns, turkey chicks, and wildlife coming out. Summer has lush greenery and cool mountain breezes. Fall has the mountainsides transforming to vibrant red, orange and yellow as the leaves change. And winter allows for clear views and the ability to see the rock outcroppings on the mountainsides.”

Booking Tip:
Bring the kids to Primland, but not to the treehouses, since children are not permitted in these accommodations. Also, the treehouses are closed in January and February.

Channel Your Inner Nomad

Ever since I saw A River Runs Through It, I thought fly-fishing looked like fun (and no, it wasn’t just because I was a teenager and the film featured a young Brad Pitt). What looks like even more fun to me is staying in one of the new, modern yurts at Rose River Farm in Syria, Virginia.

Fly angler and outdoorsman Douglas Dear purchased 20 acres in the Rose River Valley (two hours north of Lynchburg) about 10 years ago and transformed it into Rose River Farm, a nature retreat for lovers of fly-fishing and the great outdoors. Guests stay in one of several yurts, which are circular tents typically made from canvas or wood that perform well in high wind terrains. Yurts originated in Mongolia, but Dear first saw them on a fly-fishing trip to Patagonia. “I liked them, and I kept thinking about them when I came back to the States. I just loved all the space that they offered—there’s no wasted space at all,” he explains.

Dear wanted to offer his guests the opportunity to stay in a yurt. “With our mountain views, they would fit the site really well, but with our climate in Virginia, canvas would get mildew,” he says. He contacted a company in Washington State that fabricated alternative yurt components, and a local contractor assembled them.

Each 1,100-square-foot yurt is made from steel and 2,500 separate pieces of cedar hand cut to fit. They feature full kitchens, Wi-Fi, and high-end club furniture. Fly anglers from around the world come to enjoy the Farm and families can fish on the stocked catch and release pond (or even take private fly-fishing lessons). If you don’t fish, don’t worry—you can still find immense enjoyment at Rose River Farm. Couples and families come to hike Old Rag Mountain, check out the wineries, or just kick back and read a book and relax. “We supply firewood for the fire pits every night, and that just becomes a big family event,” Dear says.

Booking Tip:
Make your reservations several months in advance and up to a year ahead of time for the October and November season.

Book a Tiny Cabin

When people hear that I’ve never been camping, they ask, “Would you stay in a cabin?” Evidently, cabins are the gateway to camping, and I’d be up for a weekend at a cabin for sure. One stellar example is Tim and Cindi Spaulding’s adorable tiny cabin in Big Island.

A few years ago, the Spauldings were hiking in Bedford County and started wondering what land would cost up near the mountains. They stumbled upon an old hiker’s loft that was in rough condition and thought, “Could we make it work?” In order to purchase the 2.5-acre property, they’d have to delay their planned kitchen renovation. “We decided to go with it and have some fun,” explains Tim. The Spauldings and their three young children spent every weekend up at the house, completely renovating the whole thing. “It was really a team effort,” he says.

Because the Spauldings originally purchased the cabin to use as a family getaway, they didn’t spare any expense or overlook any detail. However, it is a “tiny house,” with just 308 square feet of living space. To make it work for their family, “we decided to maximize the space as much as possible,” Spaulding says, so they deliberately designed the home to be bright, airy, and functional for everyday living (such as including a washer/dryer).

The Spaulding’s property is located near the Blue Ridge Parkway—ideal for hikers. The inside features a wood burning stove and a loft with a queen-sized bed; step outside and enjoy al fresco dining at the picnic table or a dip in Battery Creek. A swimming hole in Arnold Valley is just 10 minutes away. With wildlife, greenery, hammocks, and a fire pit right there, Spaulding says, “it’s a great place for a weekend getaway.”

Booking Tip:
The cabin is open year-round, but plan on making a reservation at least three months in advance in order to accommodate your desired date. You can find the Spaulding’s cabin on Airbnb: Airbnb.com/rooms/18385835.

Experience Native American Culture

For the past six years, outdoor enthusiasts have been taking advantage of the canopy tours, paddle boating, and mountain biking at Sandy River Outdoor Adventure and Retreat in Rice. With grounds that highlight a 3-hour tree top adventure (complete with tight ropes, swinging bridges, and zip lines), accommodations ought to fit the scenery. Interested guests can choose to stay in a cottage, one of the rustic log cabins, or one of four luxury tipis on the property, which are the newest additions to Sandy River.

That’s right: a luxury tipi. (It’s not an oxymoron.) Each comes with radiant heated floors, AC, a kitchenette, queen-sized beds, and a full bathroom. They also feature Wi-Fi and televisions with Netflix as well as fire pits, picnic tables, and grills.

Booking Tip:
The tipi fabric does not block daylight, so plan on waking up with the sun. A tipi rental also gives you 20% off on any adventure activities you book during your stay.

Other Glamping Sites In Virginia:

Seasonal glamper cottages at Blue Haven 151 Farm in Roseland

Custom luxury glamp sites by Solid Ground Shelters in Ruckersville

An old watch house and kayak tour with Southeast Expeditions in Chincoteague

Cabooses by Grassy Creek Cabooses in Fancy Gap

Cabins, pods, yurts, tipis and more at Explore Park in Roanoke County

Helpful Hints for Your Home Kitchen

While many of us daydream about cooking elaborate, gourmet meals for in-home dinner parties, the reality is most of our time in the kitchen is typically spent preparing a quick bite for ourselves or our families in between meetings or soccer games.

We want it to be easy, painless, somewhat healthy and—of course—we want it to taste good. If you need a little pep talk to get you recharged or retrained in your home kitchen, we are here with loads of basic advice—tips to save you time, space, money (and maybe even a finger!).

Editor Shelley Basinger spent some time with Chef Stephanie Fees, owner of Scratch Pasta in the Lynchburg Community Market, to pick her brain on the do’s and don’ts of the kitchen. From culinary school to the Greenbrier to West Manor, she shares what she’s learned over the years. Then, we expanded our search for advice by getting insight from Chef Robert Patton at the Culinary Institute of Virginia.

Bon Appetit!

Chef Stephanie Fees, owner of Scratch Pasta.

Stephanie’s 3 Kitchen Truths
1. Always start with a sharp knife. “The first thing you learn in culinary school is how to sharpen your knife manually, using a sharpening stone. Because the saying goes—a sharp knife is a safe knife. The less you have to work to cut something, the less likely you are to cut yourself. If you don’t have a sharpening stone, just make sure yours is as sharp as possible. The test is always to cut through a tomato without having to press or push on the skin.”

2. Don’t be afraid of salt during the cooking process. “This is one of my big things, especially when it comes to your pasta water. People will add a couple of teaspoons, but you actually want tablespoons of salt in your water. Most of the salt is going to stay in the water. I also believe in salting your food as you cook versus adding it at the end. When you add salt to your finished dish, the food will just taste salty instead of flavorful.”

3. Beware of clever marketing tactics. “‘All natural’ on the label doesn’t mean it’s your personal idea of what all natural means. If you look up the FDA requirement for ‘all natural,’ it’s very broad. If you’re able to pay extra for meat, buy organic. There are legal guidelines for organic meats and vegetables, but you can put an ‘all natural’ label on just about anything. Another option is to buy from a local provider so you can ask them exactly where the meat came from and how the animal was raised. But don’t buy something just because of what it says on the label—unless it’s organic.
You are wasting money.”

7 Kitchen Tricks and Tips
Don’t throw out the pasta water. “I try to use a spider or tongs when I pull out my pasta so I can preserve the water. You can add it to a sauce or toss it with some cheese to make a carbonara. You will get that little bit of thickening that you need.”

Use a microplane instead of a grater for parmesan cheese. “Parmesan cheese is a super dry cheese and doesn’t melt easily, so the smaller it is, the more quickly and evenly it will melt.”

Try a spoon instead of a knife when peeling fresh ginger. “When you use a knife, you lose a lot of the volume. Use a spoon to peel it back and just get the skin off.”

Bonus tip: “Since you usually only need a 1/2 a teaspoon for what you are making, chop up whatever you have and put it in the freezer.”

Two plastic lids can save you a lot of prep time. “While working at the Greenbrier after culinary school, I was cutting cherry tomatoes for salads one at a time. Someone in the kitchen showed me how to take two plastic lids, put the tomatoes between them, and cut eight of them at once. It was a game changer. This is also a great trick for moms who are cutting up grapes for their small children.”

Save the chicken bones. “I keep chicken bones in the freezer from when I buy a rotisserie chicken. Then, I will put them in a crockpot or instant pot overnight to make chicken stock. Just cover it with water or add carrots, onions, celery, garlic—whatever you want. The great thing is you can control the amount of salt, and the flavor is far superior to store-bought.”

Use kitchen scissors instead of a pizza cutter.

“I didn’t have a pizza cutter one day and improvised. The scissors worked like a charm, if not better! I really don’t like single use items. So if you can take that one thing out of your jam packed drawer, I think that’s a huge plus. I’m all about having fewer things in your junk drawer.”

Be consistent with the type of salt you use. “Kosher salt is said to have a cleaner taste and is less salty than iodized salt by volume by about 30 percent. So you can salt your food more evenly without it being too salty. But whether you use kosher salt or iodized salt, you just have to be familiar with the salt that you use and how it makes things taste.”

5 of Her Favorite Things
Instant Pot: “I love mine so much and think everyone should have one. I use it just about every day and I can’t say that about many appliances that I have. These electric pressure cookers save your cooking time on everything and it turns out so well. Ribs, rice, chicken stock, yogurt—I’ve made everything in my instant pot.”
Cookbooks: “I think people get a lot of recipes from Pinterest these days then are disappointed by them. Just because there is a pretty photo doesn’t mean the recipe is all it’s cracked up to be. Find the right source material—blogs that you trust, cookbook authors that you trust. I use the internet for quick recipes, but my cookbooks are my go-to for complex dishes.”

Restaurant food containers: “I store all of my food in these plastic containers (you can buy them on Amazon) instead of Tupperware because they are stackable and really compact. And if you lose one, it’s only a couple of cents.”

Pre-peeled garlic: “In the produce section you can purchase garlic cloves that are already peeled and separated (not the chopped stuff in a jar). For me this is a huge time saver and then the leftover cloves stay fresh for a while in the fridge.”

Electric Egg Cooker: “This is one of the only single use items that I own. I can’t ever seem to get hardboiled eggs the way I want them and this does the job perfectly.”

Onion Dicing 101
Do you need a refresher in cutting an onion? Stephanie believes there are technically two “right” methods—the “culinary school way” and then the “home kitchen way.” Both are perfectly acceptable. The only difference is your final product might not be as evenly diced.

Professional: Cut off the top of the onion first, trimming the root end but leaving it intact. Then, slice the onion down the middle and peel it. Cut the onion horizontally in layers to the root end. Then come back and cut back vertically in both directions before cutting off the root end. Those first horizontal cuts can be tough for people who aren’t as savvy with a knife or who are not using a sharp knife.

Home Kitchen: A very similar approach but in this case you cut off the top and root end of the onion first, then slice from side to side (so the onion would be in half moons if you separated the pieces), then turn and slice from top to bottom. The pieces won’t be as pretty as the “professional” way, but it’s a lot quicker!

10 Mistakes You Could Be Making In The Kitchen
By Angela Blue
Information from Chef Robert Patton, CEC, CCA, Campus Director for the Culinary Institute of Virginia. Overcooking your vegetables. Unless you are serving them to small children, the vegetables should still have a slight bite to them.

Cooking bacon on the stovetop. Instead, cook it in the oven in a glass baking dish. It saves a ton of mess and allows you to do other things on the range top.
Mistreating your fresh herbs. Trim the root ends a little bit, and then dunk them in a jar with water as you would a bouquet of fresh flowers. For cilantro and parsley, place a damp paper towel over the herbs and store in the refrigerator. For mint, rosemary, thyme, sage and hardier herbs, keep them in their vase out on the counter
at room temperature.

Refrigerating things that don’t like to be cold. Common sense might suggest that keeping things cool in the refrigerator is good for everything—but it’s not. Many items that are often refrigerated don’t need to be, and worse, some things behave badly in there. Potatoes and tomatoes, for example, suffer on the molecular level and lose much of their texture and flavor.

Overcrowding the pot or pan. This doesn’t allow the food to cook properly. Cook in smaller batches or invest in a larger pan. You’ll get a much better result.

Rinsing the noodles. Your pasta wants to wear its sauce like a nice jacket. When you rinse your pasta after cooking it, you are washing away the starch that makes the sauce stick to it. The result? Slippery pasta to which sauce won’t cling.

Not letting food rest. Food needs naps too!

When you take meats and baked dishes out of the oven, they need to sit for a few minutes before serving.

For meats, this prevents the juices from running away from the meat, and for baked dishes like casseroles and lasagna, it helps the liquids be reabsorbed into the food
so you’re not left with a big soupy, slippery mess.

Being afraid of the high heat. Sautéed vegetables, for instance, do better at a higher heat for a shorter period of time.

Tossing your vegetable scraps. Put fennel fronds, carrot ends and other vegetable scraps into a re-sealable plastic bag and keep in the freezer. When it’s full, make vegetable stock.

Not having fun! Don’t be afraid to get out of your comfort zone and experiment.

8 Unique Uses for Ordinary Kitchen Utensils
BY GRACE SILIPIGNI
Among the drawers overflowing with Tupperware containers, bakeware and other miscellaneous kitchen utensils, there are certain culinary devices that can be found in nearly every kitchen, each which can serve a variety of functions. From strainers turned into makeshift steamers to turkey basters serving as pancake makers, we’ve selected eight, common household utensils and offer suggestions on how they can better serve your baking and cooking needs.

Waffle Iron. Waffle irons are the jack of all trades. Not only do they prepare the beloved breakfast item, but can serve as a panini press or quesadilla maker as well. Other sweet treats such as cinnamon buns and brownies can be baked between the two griddles too.

Ice Cream Scoop. This household staple has several uses besides the simple function that its name conveys. Ice cream scoops also happen to measure the perfect amount of batter when preparing muffins, while also serving as the perfect tool for hollowing out the cavities of squash and pumpkins.

Strainer. While strainers are typically used after vegetables, noodles or other foods prepared in a pot of boiling water, we suggest combining the two utensils to create a makeshift steamer. Simply place your strainer, ideally one made from stainless steel, over a pot of boiling water and fill with broccoli, carrots, asparagus or your other favorite vegetable. Then place a lid over the strainer and allow it to steam for several minutes before removing it from the pot.

Tongs. Our alternative suggestion for tongs is somewhat counterintuitive to their purpose, but is certainly helpful. We suggest using the center of the tongs for juicing. Simply place a lime, lemon or other citrusy fruit between the arms and squeeze the open end of the tongs to juice the fruit. This trick is especially useful when preparing large pitchers of lemonade.

Turkey Baster. Turkey basters make their annual debut every Thanksgiving and then are stored away in a drawer for the remainder of the year. It so happens though that turkey basters serve as the perfect pancake maker. Fill the baster with your favorite buttermilk pancake batter and squeeze circles or other fun shapes onto a griddle.
Slotted Spoon. This trick is great for bakers and an easy way to get mess-free egg whites. Over a bowl, simply crack an egg into the slotted spoon to separate the yolk from the whites. Whichever portion of the egg you do not use, refrigerate in an airtight container and save for scrambled eggs or an omelet.

Roller Pin. If you aren’t making sugar cookie cut-outs or a homemade pie crust, the rolling pin may seem obsolete. This device actually serves a wide variety of functions for both cooking and baking. Use the pin as a meat tenderizer to flatten chicken or to crush up graham crackers and candy for baking.

Egg Slicer. This culinary gadget can slice much more than a hard-boiled egg. Try using it to dice up strawberries, avocados and soft cheese, as well as to mince garlic and ginger.

Stock Up Essentials For A Well-Equipped Pantry
Oils (vegetable or canola, extra virgin olive oil, toasted sesame oil): Keep a variety on hand for a little drizzle to finish a dish or to top a salad for added flavor and texture.

Vinegars (apple cider, red wine, rice wine): Each have a distinct flavor profile. A splash of vinegar does wonders to “brighten” up a dish’s
flavor and can be used to replace some of the salt.

Soy sauce: It’s an essential to add a depth of flavor, some umami mouthfeel and also a salty taste.

Worcestershire sauce: Most don’t know that it’s made from anchovies and also offers those umami flavors and a great savory saltiness to dishes.

Sriracha Hot Sauce: It offers a great heat and flavor without having too much vinegar flavor.

Local honey: A little bit of good quality honey instead of sugar not only adds sweetness but also depth of flavor.

Dijon mustard: This adds another layer of flavor, slight heat and also can be used to emulsify or bind a salad dressing together.

Sea salt: Have a nice sea salt on hand, not to use during cooking but to finish a dish and add a
great flavorful burst.

Canned beans (black, cannellini, navy, kidney or garbanzo): Having these on hand can give you a quick go-to meal.

A good quality stock or base: This will add that savory quality and can be handy in a pinch for a quick soup or sauce starter.

Canned tomatoes (paste, diced, sauce/puréed): These are a go-to for a quick sauce when tomatoes are out of peak season.

Summer is here and with it comes endless dreams of vacation, sun, ice cream and poolside lounging. But instead of planning a long-term summer vacation—one that requires time off from work, a specific budget and loads of logistics—spend these next few months whisking off to weekend destinations. Short weekend trips allow you to really explore the area in which you live and challenge you to be creative with the time you have. Plus, instead of using up all of your vacation time at once, you’ll have an entire summer of adventure and exploration to look forward to.

Start with a trip to Smith Mountain Lake. This manmade reservoir covers over 20,000 acres and its shores contain everything you need for a weekend, or even a day, away.

We’ve compiled two helpful itineraries to jumpstart your travel planning. Whether you’re spending the weekend with your family or are taking a day trip with your significant other, Smith Mountain Lake will deliver endless memories and adventures.

A Day Trip for a Couple
11:30 a.m.—Take a lunchtime cruise on the Virginia Dare. This legendary cruise will take about two hours and allow you to see many of Smith Mountain Lake’s best sights, including private islands, osprey nests and even an antique carousel!

2 p.m.—Once you’ve docked, hit up a local brewery or vineyard. Depending on your beverage fancy, you can visit Sunken City Brewing Company (try their popular Dam Lager!) or one of three vineyards: Ramulose Ridge Vineyard, Hickory Hill Vineyards and Winery, or Brooks Mill Winery.

4 p.m.—Catch a matinee movie at Westlake Cinemas. Guys, bonus points if you let her pick.
6:30 p.m.—Enjoy a romantic waterfront dinner at The Landing at Bernard’s Landing. Here’s a tip: Try the fresh clam linguine! You may even find a wine or beer you sampled earlier in the day on their menu.

An Overnight Trip with the Family:
Day 1
10 a.m.—Arrive at Bridgewater Plaza and head to Bridgewater Marina to rent a pontoon boat (or, if your crew is particularly adventurous, a Wakeboard Boat or a few Waverunners!). Enjoy a few hours out on the water.

12 p.m.—Anticipate a few grumbling stomachs after a morning on the water. Head back to Bridgewater Plaza, dock your boat and visit the Pizza Pub for a delicious slice of pizza. Here’s a tip: Get the Boardwalk Fries with malt vinegar!

1 p.m.—Look right off of the deck at the Pizza Pub and onto the miniature golf course at Harbortown Miniature Golf. You’ve found your next stop. Play an 18-hole round.

2:30 p.m.—Treat the kids to an ice cream cone at the Ice Cream Cottage, right in the plaza. While they’re savoring their sweet treat, walk down to where you docked your boat and pay a quarter to feed the fish. The kids will love it!

3:30 p.m.—Drive to Halesford Harbour Inn and check in to your room. You’ll love the lake access, complete with a beach to relax on and boats to rent. Spend some time on the beach. Read a book or soak up the sun while your children play.

6 p.m.—Wash up and grab dinner nearby at Jake’s Place, a local favorite. It’s built out over the water and dining on the deck will be an incredible experience for the entire family.

Day 2
9 a.m.—Visit Old Oak Café for breakfast. The kids will love all of the short stack options!
10:30 a.m.—Check out of Halesford Harbour Inn, but rent a boat from them for the day. Spend a few more hours relaxing (or playing!) on the water before you head home.

12 p.m.—Point your boat in the direction of Bridgewater Plaza and visit Moosies for a lunchtime sandwich. (Here’s a tip: Try the Bridgewater Bagel!)

1:30 p.m.—After lunch, work off the calories at the Fun-N-Games Arcade. Parents will find some beloved classics and the kids will love the goodies they can get with their tokens.

3 p.m.—Take your boat back to Halesford Harbour Inn and head home with a weekend full of memories.

By Megan Norcross

Your Virginia529 Questions Answered

Years before Tamara Parker adopted her daughter, Jenna, she and her husband were already thinking about how they’d pay for a child’s college education. “It was before she was even born,” Parker said, referring to 4-year-old Jenna.

Lately, Parker has been thinking more and more about the cost of college. After all, according to CollegeData.com, “a ‘moderate’ college budget for an in-state public college for the 2016-2017 academic year averaged $24,610. A moderate budget at a private college averaged $49,320.”
Multiply that times four and a bachelor’s degree—what Parker envisions for her daughter—can easily run six figures. For a lot of parents, that’s a shock.

“One of the largest misconceptions about college is it’s a lot more expensive than most people think it is or plan for,” John Hall, certified financial planner at Lynchburg Wealth Management, said.

“A lot of folks, they’ll look at, ‘What are my tuition costs?’ Books can be a couple hundred bucks. Supplies, room and board is expensive. It all adds up to be your combined college cost. Sometimes, folks will pay for the tuition but still have a financial burden because they haven’t planned for all the expenses of college.”

To tackle this problem, Parker is thinking about a 529 plan.

As described at Virginia529.com, 529s—named for the IRS section code that established the tax advantages for such plans—“help you plan and save for qualified higher education expenses at eligible educational institutions.”

There are two basic options: Virginia529 prePAID, in which tuition costs are more or less locked in, and college savings plans, which act much like an investment account. In the savings plan category, there are three options—inVEST, CollegeAmerica and CollegeWealth—which have subtle differences and are further explained on the Virginia529 website.

Some kind of 529 plan is offered by all U.S. states and the District of Columbia, and money saved is tax free when used for college. In Virginia, there are additional tax benefits as well.

Parker shared some of her questions with Lynchburg Living:
My biggest concern is if Jenna doesn’t go to college, what happens to that money? I don’t want it locked in and we can’t touch it. If we have an extreme emergency and we have to touch that money is it even an option?

According to Hall, all money saved through a 529 plan is “tax free, as long as it’s used for education. It works the same way as an IRA or 401K. So, as long as you take it out for the purpose it’s intended for, you’re not paying taxes on it when you take it out.

“There are scenarios where you do [pay taxes]. If your child ends up not needing it…or might get other ways to pay for college—a scholarship—you have to do something with the money. You can transfer it to an immediate family member … and that’s a tax-free transfer, but if you take it out for no educational expenses, there would be a penalty and taxes on it at that time.”

Are 529s just for four-year, Virginia colleges or can they be applied to community college, or even a university in another state? Can it be used for a trade school?

“It just has to be a qualified higher education expense,” Hall said. “It can be trade school or community college. It includes books. It doesn’t have to go to tuition. In some cases, room and board. It depends on how it’s classified. No apartments, but on-campus housing.”

And you’re not limited to Virginia schools. “A lot of folks think if my kid doesn’t want to go to U.Va. or Tech, and wants to go to Alabama, it won’t pay for them, but it will,” Hall said.

Michael Farris, dean of enrollment management at Central Virginia Community College, added a caveat, however. While a 529 plan will pay for out-of-state schools, he said, out-of-state tuition is more expensive.

“The best bang for your buck … would be to stay in state,” Farris said, “because if you’re going to a school out of state—I’ve seen this often—money they save, that could effectively be paying the in-state rate … is only going to go about half as far.”

Does Jenna have to use it immediately, right out of high school? Can she delay going to college?
According to Virginia529.com, college savings plans—inVEST, CollegeAmerica, CollegeWealth—require that funds be used within 30 years “after the beneficiary’s projected high school graduation date.”

If the account was opened after graduation, funds must be used within 30 years of that point.

For prePAID plans, funds have to be used within 10 years of high school graduation.

Another common question involves whether you need a financial advisor to set up a 529 or if you can do it yourself. “You can do it on your own,” Hall said. “For lots of folks, particularly here in Virginia, I recommend going directly to the Virginia529 website.

“You can purchase a plan or invest in a plan there. It’s cheaper than if you went to a bank or financial advisor, unless the financial advisor chooses not to charge you. For a lot of folks, that option makes sense and I do encourage people to look at that.”

Not intending to put himself out of business, however, he added, “Financial advisors can help parents plan for education expenses, keeping the family’s entire financial picture in mind. I simply wanted to state that there’s an easy option in Virginia to invest in a 529 plan directly online, and it’s a good option that I often recommend.”

No matter what route you take, local professionals say the 529 is a good plan. “I recommend it, most definitely,” Farris said. “I don’t say that lightly. Saving for college is a challenge, and an extreme challenge because of the cost and so many variables and unknowns. If the family has the means to do it, I’d highly recommend doing it.”

New Legislation Would Ensure That Every Driver Receives Fair Treatment From The DMV

“Our society poorly supports individuals who no longer drive. Patients who forego driving often lose independence, compromise their ability to work and provide for their dependents, have difficulty maintaining social contacts, continuing involvement in personal interests, and participating in community activities. Those losses have profound implications in terms of emotional and physical well-being, quality of life, and evaluation of self-worth. The physicians’ role often is pivotal in determining physical and mental conditions which may impair a patient’s ability to drive. In some situations, physicians may have an ethical obligation to the safety and welfare of the community to report such disabilities to the authorities.

However, this obligation must be in proportion to actual and relative risk and, in order to be just, must cover all disabilities that convey similar public risk. Furthermore, the disclosure must lead to concrete actions in the interest of public safety. Otherwise, the breech of patient confidentiality cannot be justified ethically.”1

Grayson’s Story
On a late summer morning in rural Virginia, Grayson drove his SUV to the doctor’s office. He had a lot on his mind. As primary caregiver for his spouse who was battling Alzheimer’s, he was responsible for almost every aspect of their domestic and civic lives. In addition, the outcome of the appointment to which he was driving would help determine whether he was a good candidate for a surgical procedure that had been looming on the horizon. Thinking about the surgery added an additional layer of stress and anxiety to his day. He pulled into the parking lot of the medical office where a general practitioner examined Grayson for approximately 10–15 minutes. At one point during the examination, Grayson was asked to remember three words, words that would ultimately prove life-altering. Grayson left the physician’s office, completed his errands and drove home.

Several weeks later, Grayson received a non-descript US Mail envelope from the Virginia Department of Motor Vehicles stating that the DMV had received unsolicited ‘information’ concerning his ability to drive and that Grayson’s driving license had been suspended immediately. There was no customary 15-day notice, no indication of who dropped the dime on Grayson and no option to submit to a driving examination or road test prior to suspension. Grayson was informed that if he wanted to get his license reinstated, he had to obtain a positive medical report from another doctor, a process that could easily take several months. Or, he could contest the decision, another lengthy route. Grayson was stunned to find himself so abruptly stranded. He considered the events of the past several months: Who had reported him? Why? What would he do now? Of equal importance, Grayson felt he deserved answers relating to the chain of events that led up to his license being summarily suspended without the due process afforded other drivers in Virginia.2

Grayson’s fight would take over a year from start to finish, including six months trying get an appointment with a new GP, then with an appropriate geriatric specialist. In the end, he was diagnosed with ‘mild’ cognitive impairment and cleared to take the driving rehab evaluation, which might have afforded him a restricted license. But by then, almost a year had passed and, recently diagnosed with macular degeneration, his vision had begun to diminish. Grayson, disillusioned and frustrated with an already lengthy process, decided not to pursue further testing and to forego driving altogether. A tough decision for anyone.

Grayson’s story is real. It could happen to you, to me, a parent, or loved one. Current Virginia law allows any medical professional to anonymously recommend to the DMV the suspension of a patient’s driving privileges without any further testing or involvement from driver assessment professionals. There are no special credentials or training required of the medical professional, and they’re not required to disclose to their patient that they are administering a test or what it is for.

Grayson and his family were determined to find a way to use this eye-opening experience to create positive change. Having already spent countless hours navigating the maze of problematic DMV policies and the Virginia Codes that enable them, they decided that the way forward was to press for modifications to current legislation. If enacted, those amendments would ensure that every driver (not just mature drivers) in Virginia would receive due process from the DMV.

With the help of subject matter experts, we explored the significant medical, legal and legislative issues that surfaced during Grayson’s journey. We’ll discuss their implications, and finally, circle back around to highlight the common sense legislative fixes crafted by Del. Barry Knight.

Patient Confidential?

Physician Reporting, Privacy Law and the DMV
In Virginia, anyone may report a driver suspected of being impaired to the DMV, but current DMV policy, supported by Virginia law, protects the identity of the reporting individual and the reasons given for reporting the driver if the source of the information is “a relative of the driver, or a physician, physician assistant, nurse practitioner, pharmacist, or other licensed medical professional … treating, or providing medications for the driver.”3

In Grayson’s case, it came to light that the person who reported him to the DMV was a medical professional—the physician he had seen for the pre-surgery evaluation. Grayson wondered why his personal medical information had been disclosed to the DMV without his assent and precisely what information in that report drove the decision to suspend his license.

Given the strict medical privacy protection provided by the Healthcare Insurance Portability and Accountability Act (HIPAA), how was this possible? Well, it’s possible if someone is considered by a medical professional to be a ‘serious and imminent threat.’ In that case, normal HIPAA protections cease to apply. Physicians may report patients to the DMV and share what would normally be considered Protected Medical Information (PMI) with the DMV—then the DMV can immediately suspend a driver’s license. Just like that.

Making the determination is a huge responsibility for physicians; if PMI is disclosed without clear, empirical evidence that the patient is a serious and immediate threat, that disclosure could be considered a violation of HIPAA privacy rules, and the reporting medical professional could face serious consequences, including loss of license.

It would be difficult for Grayson’s doctor to claim that Grayson represented a “serious and imminent threat” since he was allowed to drive home from his appointment and was never questioned about it. Further, it is difficult to understand how the DMV could accept and encourage such reporting of Protected Medical Information under the “serious and imminent threat” determination when they are fully aware that their license suspension process takes at least six weeks to enact. Serious and imminent threats generally imply a 911 call, not a 6-week process that leads to a notification mailed standard US Mail with no proof of delivery.

The decision to report Grayson to the DMV was triggered principally by his inability to recall those three words the doctor had asked him to remember—a zero score, which, according to the test’s metrics, placed Grayson within the ‘demented range.’ Thus, the doctor elected not to give Grayson the second, important, clock-drawing portion of the test, which evaluates higher-level executive functions like those that operate when a person is driving. If there were adjacent concerns that could have impacted Grayson’s driving such as arthritis, or mobility issues, those could be addressed through occupational therapy or through initiatives like CarFit, a program designed to “fit” a vehicle to senior drivers for maximum comfort and safety.

But let’s put Grayson’s examination in context. In a brief, prior visit to the same physician, Grayson found the doctor to be a fairly jovial guy, and so he didn’t take the request to remember the three words very seriously. He later related that he thought the doctor might have been setting him up for some sort of joke or punchline. In reality, Grayson had been tested without his knowledge, the doctor using only one portion of the Mini-Cog test, a basic screening tool designed to help medical professionals identify patients who might require a more complete evaluation to firmly diagnose the degree of cognitive impairment present. Usually, both parts of the Mini-Cog are administered together. Neither is considered a stand-alone diagnostic tool.

Additionally, why were family members excluded from the decision-making process when such important judgements were being made on Grayson’s behalf? Diverse professional associations within the medical community urge physicians to view their patient’s lives as part of a larger ecosystem, taking into consideration the family dynamic and, whenever possible, inviting both the patient and appropriate family members into significant potentially life-altering conversations—including driving-related issues.

The American Medical Association (AMA) recommends that if a physician suspects that a patient’s driving may be impaired, then a sensitive discussion with the patient and family may suggest further treatments such as occupational therapy and may encourage the patient and family to decide on a restricted driving schedule. Mature drivers and their families don’t have to do it alone—Virginia has many excellent resources to help seniors extend their safe driving careers, and they’re available through the Grand Driver Program, AARP, AAA and The Virginia Department for Aging and Rehabilitative Services.

Being without a driver’s license for several months may not seem like a big deal to many people, but absent a clear diagnosis and supported by an unconfirmed suspicion of cognitive impairment, an immediate suspension can present considerable hardships, particularly for people who live in rural areas where no public transport exists. Suspension should be a last resort. Drivers of any age should not be presumed guilty until proven innocent.

In a letter to Grayson’s son, the doctor stated that it was a requirement of his being licensed in the state of Virginia to provide Grayson’s report to regulatory agencies such as the DMV so that they could take appropriate action. Under current policy, if the initial report to the DMV originates from a medical professional, the DMV doesn’t have to give the driver the benefit of the 15-day notice or opportunity to obtain an examination from a specialist prior to suspension. This means that in terms of due process, the DMV doesn’t treat every driver uniformly, one of Grayson’s concerns.

Though Virginia is not a mandatory reporting state, the doctor ‘in good faith’ may have felt a personal duty to prevent harm. But he made no effort to have a preliminary, fact-finding discussion with Grayson about his driving capabilities, nor did he attempt to create an opportunity for meaningful collaboration with the patient and with supportive family members. Since drivers with some level of cognitive impairment may have perceptions of their driving ability that do not correspond with reality, family involvement can be key.5

A large segment of mature drivers eventually decrease their range, avoid night driving or cease driving on their own as they acknowledge diminishing abilities or creeping, non-correctable visual impairment. Grayson thought he’d have the opportunity to naturally and gradually decrease his driving range on his own, enlisting the help of his family to put in place alternative transportation plans that could be acted on in the future. But Grayson’s GP and the DMV made that decision for him.

We posed some interesting and controversial questions to four regional medical experts pertaining to cognitive testing, anonymous reporting, family involvement, privacy law and physician responsibility. Since we consider their responses to be especially impactful, we placed them together in their own section titled ‘OP Med’ beginning on page 56.

Are You a Serious and Imminent Threat? Who Decides?
As the population ages, healthcare professionals will more frequently be faced with the difficult task of determining whether a patient is safe to drive and whether to report mature drivers (and others) with suspect abilities to the DMV. Maintaining safe highways is important, but preserving the physician-patient relationship, protecting a patient’s private medical information and fostering a collaborative approach that involves the patient’s family members when possible helps creates a supportive environment where touchy subjects like driving ability can be discussed.
It’s complicated. Neither the DMV, The Department of Health and Human Services (HHS), nor the Virginia Legislature have any guidelines or multi-pronged test to help medical professionals determine whether a person poses so severe a threat to themselves or public safety that they can in good conscience release protected medical information to the DMV, which then can decide to bypass the 15-day notice and reinstatement process outlined in Virginia Code.

In fact, much of the thinking behind ‘duty-to-warn’ laws and the meaning of the terms ‘serious and imminent’ have their roots within the psychiatric, social work and mental health communities. Over time, meaning was derived from crisis situations: persons deemed to be suicidal or homicidal, and from the perpetrators of mass-shooting incidents—not drivers ‘suspected’ of being impaired.

For example, in 2013 after the mass shootings in Newtown, Connecticut and Aurora, Colorado, the HHS Office of Civil Rights released to all healthcare providers a letter to make them aware that the HIPAA Privacy Rule does not prevent their ability to disclose patient information to law enforcement, family members of the patient or other persons when you believe the patient presents a serious danger to himself or other people.
Any preventable car-related death is one too many, but can one really make a correlation between premeditated mass murder by a psychopath who displayed definite warning signs and the potential danger that a mature driver with a ‘yet-to-be-determined’ level of cognitive impairment poses to the general public?

To help us navigate these issues, we reached out to Scott Alperin, a Virginia Beach-based attorney specializing in elder law, and also to a representative of HHS who would not be quoted in this article but who shared perspectives on the issues surrounding ‘serious and imminent’ as outlined in HHS publically accessible documents and via their website for professionals.6

Alperin explains: “In drafting the federal regulations that govern HIPAA, the Department of Health and Human Services did not specifically define what constitutes ‘a serious and imminent threat to the health or safety of a person or the public.’ However, in recognizing the difficulty that healthcare professionals often face in attempting to comply with the HIPAA regulations, the Health and Human Services Office for Civil Rights (OCR) issued guidance in February 2014 to help explain when a healthcare provider may relay protected healthcare information to third parties. This publication does not have the force of law, but underscores the fact that a legal vacuum exists when defining a ‘serious and imminent threat’ and the need to provide direction in order to balance legal requirement or privacy against public safety concerns.

In the absence of a court ruling that addresses a particular circumstance, healthcare professionals are left to try to apply the law to their particular set of facts. I don’t think the DMV is at risk legally for encouraging healthcare professionals to report ostensibly impaired drivers. The legal risk falls squarely on the shoulders of the party maintaining and wrongfully disclosing protected patient information.

Obviously, these are very subjective determinations that depend upon the facts and circumstances of the particular case. If a court were to define ‘serious and imminent threat’ in the context of the regulation, it would be typical for the court to develop a multi-pronged legal test that would provide standards for future application. But the only way that a court will be prompted to develop a legal test is if there is an actual, justiciable controversy (i.e. an actual lawsuit) that gets before the court. Courts don’t issue advisory opinions.

Regarding a legal remedy, the optimal fix would happen at the federal level through the promulgation of detailed regulations by HHS defining ‘serious and imminent threat’ that would be published in the Code of Federal Regulations. This is especially true in light of the fact that HIPAA is federal law and is being applied by the states. In the absence of guidance from HHS, the Virginia General Assembly could take action by adopting its own definition that would at least delineate the circumstances under which it would be legally appropriate for the healthcare provider to disclose protected health information to protect the motoring public.”

And fielding our questions about the release of medical information, legal opinion, preemption and HIPAA violations, the HHS contact helped clarify their stance: HHS (like the DMV) defers to the assessment of the healthcare provider that an individual poses a serious and imminent threat, and there is the presumption that the provider is exercising their judgement in good faith.

HHS does not offer legal opinions, and they have no specific criteria for what constitutes a serious and imminent threat. Rather, they rely on the judgement of the healthcare provider.

Laws themselves do not violate HIPPA. However, if there are questions surrounding whether a particular use or disclosure of protected information is in violation of HIPAA, individuals have the right to file a complaint, and then HHS can open an investigation ‘where appropriate.’

HIPAA does not prevent states from enacting laws or require that elected officials request a preemption exception determination for any particular law. This means that state law can allow a medical provider to generally comply with the stricter HIPAA law without violating more permissive state law.

So basically, unless a complaint is filed questioning the report of a medical professional, and it is deemed worthy of follow-up, HHS would not intervene or offer an opinion in a particular case, nor would they question the report of a medical professional.

The DMV Position
In the interest of fairness, we wanted to give the DMV the opportunity to weigh in on how they view the role they play in the driver reporting process. Brandy Brubaker, Communications Director for the Virginia DMV answered the following questions: Does the DMV or the Medical Advisory Board utilize any specific or general guidance to determine whether the reported driver is indeed a ‘serious and imminent’ threat before immediately suspending a driving license, or does the DMV feel that any medical professional is in the best position to make that determination?

DMV: DMV’s goal is to allow individuals to drive for as long as they can safely operate a motor vehicle. The agency intervenes if we have reason to believe that the individual may be an unsafe driver.  DMV accepts reports of potentially unsafe drivers from law enforcement, medical professionals, judges, DMV representatives, concerned citizens and friends and family. DMV investigates reports and may require a driver to provide a medical/vision report from a healthcare provider, complete driver’s license knowledge and/or road skills testing or to provide a medical report from a healthcare provider. If DMV’s investigation determines that the driver has a condition that affects driving ability, the agency may take one of several actions, based on the severity of the condition, such as restrict or suspend driving privileges or require periodic medical reports.

While the Medical Advisory Board does not individually review every case, it does provide advice to the commissioner. The Medical Advisory Board consists of seven physicians appointed by the governor. Advice from the board is incorporated into agency policies which are used as guidance documents by the staff of Medical Review Services, all of whom are licensed practical nurses, and by the medical compliance officer who is a registered nurse.

Cases are submitted to the Medical Advisory Board for review when the situation is not addressed by these policies or when a case has been referred for an informal conference during which the customer is able to present information as to why they contest the action/requirements imposed by DMV.

Given the fact that there are vast variations in the levels of training that GPs and other non-specialists have in terms of cognitive testing, wouldn’t it make sense to have the driver submit to a more extensive examination by a neurologist or geriatric specialist prior to suspension regardless of who made the original report?

DMV: We can request that a driver obtain a medical report from a medical specialist, if we feel it will assist us in making a determination in their case.

If a GP allows a client to drive home from an appointment, then later anonymously reports the driver to the DMV, is that client really an ‘imminent’ threat to public safety? If the driver were a real threat, wouldn’t it make more sense for the physician to dial 911, or call a cab?
DMV: Virginia is not a mandatory reportable state; per state law, it is at the physician’s discretion whether they initially report their patients. As Virginia’s Highway Safety Office, we would advise anyone who believes a driver is an imminent threat to public safety to arrange alternative transportation for the individual or contact their local police department.

DMV isn’t required to question the action a physician takes when they have concerns about the ability of one of their patients to safely operate a motor vehicle. DMV reviews each impaired driver report submitted by a physician and takes appropriate action.

Does the Medical Advisory Board review the case of every reported driver prior to issuing a notice of suspension or only after a driver wants to appeal the order?

DMV: DMV reviews cases of individuals who may have health or medical conditions that impair or hinder their safe driving.  The review process ensures the safety of the individuals and all drivers sharing the road.

DMV’s goal is to allow individuals to drive for as long as they can safely operate a motor vehicle. A report of an impaired driver is reviewed in conjunction with our medical policies to determine whether to move forward with a medical review. The agency only intervenes if we have reason to believe that the individual may be an unsafe driver.  DMV investigates reports and may require a driver to submit a medical and/or vision report from a healthcare provider, knowledge and/or skills testing, or to complete a driver evaluation conducted by a certified driver rehabilitation specialist.

If DMV’s investigation determines that the driver has a condition that affects driving ability, the agency may take one of several actions, based on the severity of the condition, such as restrict or suspend driving privileges or require periodic medical reports. If no such condition is found, no further action will be requested.

Cases are submitted to the Medical Advisory Board for review when the situation is not addressed by these policies or when a case has been referred for an informal conference during which the customer is able to present information as to why they contest the action/requirement imposed by DMV.

The 2013 Mature Driver Study: Is there Age-related Bias?
The result of studies in the U.S. and U.K. show that healthy older drivers are no more unsafe than other age groups, though the potential for death or serious injury resulting from an accident is increased because older drivers often aren’t as resilient as their younger counterparts and less able to survive serious injury. But as increasing numbers of mature drivers traverse our roadways (an estimated 57 million Baby Boomers will make up approximately a quarter of all licensed drivers by 2030), there has emerged a national discussion on how such a transformational event will impact public safety. In some states, the discussion has turned into a debate as stakeholders try to find a balance between individual freedoms and public safety.

In January 2013, as directed by the chairmen of the House and Senate Transportation Committees, the Virginia DMV established a stakeholder group to study “whether the commonwealth should adopt additional objective criteria in current license renewal requirements as a means of assessing mature drivers’ continued capability to remain active, safe, independent and mobile on the road as they age, and to better prepare the commonwealth for an aging driving population.” A group of over 40 stakeholders participated in the study, and their recommendations addressed three areas: Driver Licensing, Medical Review, Outreach and Education. The resulting was the Mature Drivers Study, 2013 Report.7

One of the most significant results of the study was the passage of legislation amending §46.2-330 of the Code of Virginia. Effective January 1, 2015, the statutory age for mandatory in-person license renewal for mature drivers was lowered from age 80 to age 75, and licenses issued to persons age 75 or older will be valid for no more than five years, as opposed to the current eight-year license. This legislation makes sense.
However, the study’s medical committee also discussed some rather slippery slope options that would certainly draw fire should they ever be seriously considered, such as providing confidentiality and immunity to all individuals who report a potentially impaired driver, not just medical professionals and relatives.

Senior advocate organizations like AARP support safe driving initiatives as long as they are based on the health and ability of the driver, not age.

AARP was one of the stakeholder organizations involved in the Mature Drivers Study. David DeBiasi, AARP Virginia’s associate state advocacy director, reports that to date, AARP Virginia is not aware of any age-related bias as a result of the study and that they do not see any legislative changes on the horizon that might unfairly impact older drivers in the commonwealth. Good news, for now.

Under current DMV policies, which are enabled by Virgina code, decisions about licensing can be made based on the opinions of a wide array of medical professionals, from general practitioners to pharmacists to nurse practitioners, most of whom have had little or no special training when it comes to assessing levels of cognitive impairment, let alone assessing driving skills or knowledge.

Under current Virginia code, there is no “standard” testing set forth to be adopted by the medical professionals administering such testing. The code allows medical professionals to devise and conduct their own testing. Further, there is no requirement for the professional to inform their patients that they are being tested or to advise them on possible outcomes or consequences of their testing.

New legislation is being considered this session which will address due process for all Virginia drivers as well as fair reporting and full disclosure from the medical community.

Del. Barry Knight, sponsor of the HB1494 bill, had this to say: “Currently, members of the medical profession have the ability to be both judge and jury when a driver’s license is at stake. This legislation will ensure that mature drivers will have a process to prove they have the ability to safely remain on the road. Our seniors have given a lifetime to our community, and it is important for them to retain their independence for as long as possible.”

The actual changes to Virginia code as submitted in Delegate Knight’s bill are found below.

Virginia Is a Mecca For Development Of Automated-Vehicle Technologies: A Potential Game-Changer For Mature Drivers

Virginia has always been at the forefront of implementing new transportation solutions, and we are committed to providing an environment in which industry leaders from the automated-vehicle realm can work to answer the needs of drivers.
—Aubrey Layne, Secretary of Transportation for the Commonwealth

In June 2015, Governor Terry McAuliffe announced a new partnership with the Virginia Department of Transportation and Department of Motor Vehicles permitting research and development for autonomous vehicles to take place in the commonwealth via special automated corridors and test facilities. This alliance further enhances Virginia’s standing as a high-tech idea incubator and laboratory for emerging unmanned systems, smart highways and intelligent vehicle safety technologies.

Autonomous and semi-autonomous innovations could be a game-changer for the nation’s growing number of older drivers. Approximately 45 million people in the U.S. are age 65 or older, a figure that stands to grow by another 27 million by 2030. About 36 million current older drivers still hold valid licenses, and about 80 percent of them live in car-dependent suburbs or rural areas—not cities with public transit.4 Chairman of the House Transportation Committee, Ron Villanueva, recently had the opportunity to test drive several autonomous and semi-autonomous vehicles. This is what he had to say: “Virginia is in full-throttle mode when in it comes to transportation innovation. We’ve made investments in many transportation sectors: construction and maintenance, the Port of Virginia, airports, rail and public transport. But there is an equal amount of attention focused on transportation safety and technology, which includes automatic vehicle systems. Collaborations with Virginia Tech’s Transportation Institute, VDOT, the auto industry and various transportation sectors have produced advancements in road construction materials, signage and markings. These advances make our roads safer for our citizens.

For mature drivers and permitted disabled drivers, autonomous and semi-autonomous vehicles will help make their driving more efficient and safe and provide welcome mobility and independence to citizens who might otherwise find their transportation options very limited. However, public policy and legislation surrounding these innovations is still being developed; we must ensure that when these new vehicles are on the road the safety of the public is paramount.”

By Beth Hester

[To read this complete article view page 54 in the Jan/Feb 2017 edition of Lynchburg Living]