Chapter 736 Oregon Laws 2001

AN ACT

HB 3071

Relating to capacity to safely operate motor vehicles; creating new provisions; and amending ORS 807.710.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 807.710 is amended to read:

807.710. [(1) All persons authorized by the State of Oregon to diagnose and treat disorders of the nervous system shall report immediately to the Department of Transportation every person over 14 years of age diagnosed as having a disorder characterized by momentary or prolonged lapses of consciousness or control that is, or may become, chronic.]

(1) For the purposes of this section:

(a) “Physician” means a doctor of medicine or osteopathy licensed to practice medicine by the Board of Medical Examiners for the State of Oregon.

(b) “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care.

(2) In consultation with medical experts and experts on cognitive or functional impairments, the Department of Transportation shall adopt rules requiring reporting and:

(a) Designating physicians and health care providers required to report to the department a person whose cognitive or functional impairment affects that person's ability to safely operate a motor vehicle. If a designated physician or health care provider makes a report to the department in good faith, that person shall be immune from civil liability that might otherwise result from making the report.

(b) Designating the cognitive or functional impairments that are likely to affect a person's ability to safely operate a motor vehicle.

(3) Determinations regarding a person's ability to safely operate a motor vehicle may not be based solely on the diagnosis of a medical condition or cognitive or functional impairment, but must be based on the actual effect of that condition or impairment on the person's ability to safely operate a motor vehicle.

[(2)] (4) Reports required by the department under this section shall be upon forms prescribed or provided by the department. Each report shall include the person's name, address, date of birth, sex[, and the name of the disorder] and a description of how the person's current medical status affects the person's ability to safely operate a motor vehicle. The State Health Officer shall consider this information in determining whether to issue a certificate of eligibility under ORS 807.090.

[(3)] (5) The medical information in the reports required by the department under this section [are] is confidential and shall be used by the department only to determine the qualifications of persons to operate motor vehicles upon the highways.

SECTION 2. The Department of Transportation shall adopt rules required by section 1 (2) of this 2001 Act by January 1, 2003.

SECTION 3. Except as provided in section 2 of this 2001 Act, the amendments to ORS 807.710 by section 1 of this 2001 Act become operative on January 1, 2003.

Approved by the Governor July 3, 2001

Filed in the office of Secretary of State July 3, 2001

Effective date January 1, 2002

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