71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3071
 
LC 3779/HB 3071-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3071
 
                 By COMMITTEE ON TRANSPORTATION
 
                              May 9
 
  On page 1 of the printed bill, delete lines 5 through 28 and
insert:
  '  { +  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.'.
  In line 30, delete '(1)' and insert '(2)'.
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