72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2365
A-Engrossed
House Bill 2986
Ordered by the House May 1
Including House Amendments dated May 1
Sponsored by COMMITTEE ON HEALTH AND HUMAN SERVICES
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Makes discretionary health care workers' reporting to
Department of Transportation of - } { + Provides immunity from
civil liability for physician or health care provider who does
not report to Department of Transportation person's + }
impairments affecting ability to safely operate motor vehicle.
A BILL FOR AN ACT
Relating to reports to the Department of Transportation; amending
ORS 802.240 and 807.710.
Be It Enacted by the People of the State of Oregon:
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.
SECTION 2. ORS 802.240 is amended to read:
802.240. (1) In all actions, suits or criminal proceedings when
the title to, or right of possession of, any vehicle is involved,
the record of title, as it appears in the files and records of
the Department of Transportation, is prima facie evidence of
ownership or right to possession of the vehicle. As used in this
section, the record of title does not include records of salvage
titles unless the record itself is the salvage title. Proof of
the ownership or right to possession of a vehicle shall be made
by means of any of the following methods:
(a) The original certificate of title as provided under ORS
803.010.
(b) A copy, certified by the department, of the title record of
the vehicle as the record appears in the files and records of the
department.
(2) Extrinsic evidence of authenticity is not required as a
condition precedent to the admission of a copy of a document
relating to the privilege of any person to drive a motor vehicle
authorized by law to be filed and actually filed in the records
of the department if the copy bears a seal purporting to be that
of the department and is certified as a true copy by original or
facsimile signature of a person purporting to be an officer or
employee of the department. This subsection applies to copies of
a data compilation in any form. Copies of documents certified in
accordance with this subsection constitute prima facie evidence
of the existence of the facts stated therein.
(3) A certified copy of a person's driving record, as
maintained by the department:
(a) May be admitted as evidence in any hearing or proceeding
under ORS 813.200 to 813.270.
(b) Is prima facie evidence that the person named therein was
duly convicted of each offense shown by the record.
(c) Is prima facie evidence that the person named therein is
participating in or has participated in a driving under the
influence of intoxicants diversion program or in any similar
alcohol or drug rehabilitation program in this state or in any
other jurisdiction if the record shows that the person has
participated in such a program.
(4) Records and actions described in this subsection shall not
be referred to in any way or admitted into evidence or be any
evidence of the negligence or due care of any party at the trial
of any action at law to recover damages. This subsection applies
to all of the following:
(a) The report required following an accident.
(b) Any action taken by the department to revoke or suspend a
driver license or driver permit or taken by the department under
the financial responsibility requirements of the vehicle code or
the findings, if any, of the department upon which such action of
the department is based.
(c) Any deposit of security required under the financial
responsibility requirements of the vehicle code.
(5) Except as provided in this subsection, the accident reports
filed with the department under ORS 811.725, 811.730 or 811.735
shall be without prejudice to the individual filing the report
and no such report shall be used as evidence in any trial, civil
or criminal, arising out of an accident. The following uses are
allowable under this subsection:
(a) The certificate issued by the department under ORS 802.220
to show whether or not an accident report has been made to the
department shall be used solely to prove a compliance or failure
to comply with the requirements that the accident report be made
to the department.
(b) An accident report submitted under ORS 811.725 or 811.735
may be used in an administrative hearing or an appeal from such
hearing to support any suspension of driving privileges for:
(A) Failure to make reports required under ORS 811.725 or
811.735.
(B) Failure to comply with financial responsibility
requirements or failure to comply with future responsibility
filings.
(6) A photocopy, facsimile copy, digital or electronic copy of
an application for perfection of a security interest by notation
on a title under ORS 803.097 or 820.591 that is certified by the
department is proof of the date of perfection of the security
interest unless the date is invalid as provided under ORS
803.097.
{ + (7) A report filed by a physician or health care provider
under ORS 807.710 is confidential and may not be admitted as
evidence in any civil or criminal action. A report described in
this subsection may be used in an administrative hearing or an
appeal from an administrative hearing in which an issue is the
qualification of a person to operate a motor vehicle. + }
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