72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2986
 
LC 2365/HB 2986-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2986
 
                 By COMMITTEE ON TRANSPORTATION
 
                              May 1
 
  On page 1 of the printed bill, delete lines 4 through 31 and
insert:
  '  { +  SECTION 1. + } ORS 807.710, as amended by section 1,
chapter 736, Oregon Laws 2001, is amended to read:
  ' 807.710. (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. { +  If a designated physician or
health care provider does not make a report, that person shall be
immune from civil liability that might otherwise result from not
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.
  ' (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 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.
  ' (5)  { + Except as provided in ORS 802.240, + }   { - the
medical information in - }  the reports required by the
department under this section   { - is - }  { +  are + }
confidential and shall be used by the department only to
determine the qualifications of persons to operate motor vehicles
upon the highways.'.
  On page 2, delete lines 1 through 8.
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