Chapter 195
AN ACT
HB 2176
Relating to medical determination of eligibility for license to operate
motor vehicle; amending ORS 807.090, 807.270, 807.710 and 809.419.
Be It Enacted by the People of
the State of
SECTION 1. ORS 807.090 is amended to read:
807.090. (1) If the
Department of Transportation determines that a person may be ineligible for a
license because the person has a mental or physical condition or impairment
that affects the person’s ability to safely operate a motor vehicle, the person
may establish eligibility for a license[,
notwithstanding the mental or physical condition or impairment]:
(a) By personally
demonstrating to the satisfaction of the department that, notwithstanding the
mental or physical condition or impairment, the person is qualified to safely
operate a motor vehicle; or
(b) If the department
reasonably believes that, notwithstanding the demonstration under paragraph (a)
of this subsection, the person’s mental or physical condition or impairment
affects the person’s ability to safely operate a motor vehicle, by [obtaining a certificate] receiving a
determination of eligibility from the [State
Health Officer] medical determination officer of the department
under this section.
(2) The [State Health] medical determination
officer shall [issue to the department a
certificate of eligibility required] determine that a person is eligible
for a license under this section if an applicant [for a certificate] establishes to the satisfaction of the [State Health] officer that the person’s
mental or physical condition or impairment does not affect the person’s ability
to safely operate a motor vehicle. The [State
Health] medical determination officer shall use the following to [establish qualification for a certificate of]
determine the person’s eligibility under this subsection:
(a) A report from the [applicant’s] person’s physician,
nurse practitioner or physician assistant of the [applicant’s] person’s condition or impairment.
(b) If the [applicant’s] person’s condition
or impairment apparently involves only visual deficiencies, the department may
require [an applicant] a person
to submit a report from a licensed optometrist or a licensed physician who
specializes in diagnosis and treatment of diseases of the eye.
(c) The [State Health] medical determination
officer may require an examination and a written report of findings and
recommendations from a qualified physician, nurse practitioner or
physician assistant [designated] identified
by the [State Health] officer in
addition to other reports submitted.
(3) If a person
establishes eligibility for a license under this section by [obtaining a certificate] receiving a
determination of eligibility, the department may require the person to
reestablish eligibility at reasonable intervals. The frequency of
reestablishing eligibility under this subsection shall be established by the [State Health] medical determination
officer after reviewing any recommendations from the physician, nurse
practitioner or physician assistant of the person required to reestablish
eligibility.
[(4) The State Health Officer may enter into an agreement with any
physician, nurse practitioner or physician assistant
allowing the physician, nurse practitioner or physician assistant to perform
the duties assigned to the State Health Officer by this section.]
(4) The department
may employ any qualified physician, nurse practitioner or physician assistant
who holds an unrestricted license in the State of
SECTION 2. ORS 807.710 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
(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] department
shall consider this information in determining the person’s eligibility for
a driver license or driver permit. [whether to issue a
certificate of eligibility under ORS 807.090.]
(5) Except as provided
in ORS 802.240, the reports required by the department under this section are
confidential and shall be used by the department only to determine the
qualifications of persons to operate motor vehicles upon the highways.
SECTION 3. ORS 809.419 is amended to read:
809.419. (1)(a) The
Department of Transportation shall suspend the driving privileges of a person
if the department requests the person to submit to examination under ORS
807.340 and the person fails to appear within a reasonable length of time after
being notified to do so or fails to satisfactorily complete the required
examination. A suspension under this subsection shall continue until the
examination required by the department is successfully completed.
(b) Upon suspension
under this subsection, the department may issue an identification card to the
person for identification purposes as described under ORS 807.400.
(2) The department shall
suspend the driving privileges of a person if the department requests the
person to obtain medical clearance under ORS 807.070 or 807.090 and the person
fails to do so. The suspension under this subsection shall continue until the
required medical clearance is received by the department.
(3)(a) The department
may suspend the driving privileges of a person who is incompetent to drive a
motor vehicle because of a mental or physical condition or impairment that
affects the person’s ability to safely operate a motor vehicle upon the
highways.
(b) A suspension under
this subsection shall continue for a period determined by the department and
shall be subject to any conditions the department determines to be necessary.
(c) The department may
impose an immediate suspension of driving privileges of any person described in
paragraph (a) of this subsection without hearing and without receiving a record
of the conviction of the person of a crime if the department has reason to
believe that the person may endanger people or property if the person’s driving
privileges are not immediately suspended. A suspension under this paragraph is
subject to a post-imposition hearing under ORS 809.440[, except that]. A person who is denied [a certificate of] eligibility under ORS 807.090 is entitled [only to an administrative review under ORS
809.440 of the suspension.] to a hearing under ORS 809.440.
(4)(a) Whenever the
department has reason to believe an individual with a motorcycle endorsement
under ORS 807.170 is incompetent to operate a motorcycle, the department may
revoke the endorsement.
(b) Upon revocation
under this subsection, the endorsed license shall be surrendered to the
department.
(c) Upon surrender of
the endorsed license, the department may issue a license without endorsement
for the unexpired period of the license.
(5) Upon notification by
the superintendent of a hospital under ORS 807.700 that a person should not
drive, the department shall immediately suspend the driving privileges of the
released person. A suspension under this subsection is subject to
administrative review under ORS 809.440 and shall continue until such time as
the person produces a judicial judgment of competency or a certificate from the
superintendent of the hospital that the person is competent, or establishes
eligibility under ORS 807.090.
(6) Upon notification by
a court under ORS 810.375 that a person charged with a traffic offense has been
found guilty except for insanity and committed to the jurisdiction of the
Psychiatric Security Review Board, the department
shall immediately suspend the driving privileges of the person. A suspension
under this subsection is subject to administrative review under ORS 809.440 and
shall continue until such time as the person establishes eligibility under ORS
807.090.
SECTION 4. ORS 807.270 is amended to read:
807.270. The Department
of Transportation shall provide for issuance of probationary driver permits in
a manner consistent with this section. A probationary driver permit grants the
driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a probationary driver
permit is subject to the fees, provisions, conditions, prohibitions and
penalties applicable to a Class C license. The following apply to a
probationary driver permit:
(1) The department may
issue a probationary driver permit to a person whose driving privileges have
been revoked as a habitual offender under ORS 809.640.
(2) The department may
issue a probationary driver permit that is valid for the duration of the
revocation period unless the permit is suspended or revoked.
(3) A probationary
driver permit may only be issued to a person while that person’s driving
privileges and right to apply for driving privileges are otherwise revoked
under ORS 809.640 because the person has been determined to be a habitual
offender.
(4) The department may
not issue a probationary driver permit authorizing operation of a commercial
motor vehicle.
(5) The fee charged for
application or issuance of a probationary driver permit is the probationary
driver permit application fee under ORS 807.370. The department may not refund
the fee if the application is denied or if the driver permit is suspended or
revoked. The application fee charged under this subsection is in addition to
any fee charged for reinstatement of driving privileges under ORS 807.370.
(6) Before an applicant
may be issued a probationary driver permit, the applicant must meet the
following qualifications in addition to any other qualifications for the
permit:
(a) The applicant must
successfully complete a driver improvement course approved by the department;
and
(b) The applicant must
submit a report of a diagnostic examination conducted by a private physician
showing to the satisfaction of the [Director
of Human Services] department that the applicant is physically and
mentally competent to safely operate a motor vehicle.
(7) A person who is
issued a probationary driver permit must continually satisfy the conditions of
the permit.
(8) If a person issued a
probationary driver permit is convicted of one offense described in ORS 809.600
(1) or more than one offense described in ORS 809.600 (2) within any 12-month
period, the permit shall be revoked and no license or permit may be issued for
one year from the date of the revocation.
(9) The department may
establish by rule additional limitations for a probationary driver permit. The
limitations may include any limitation, condition or requirement. Violation of
a limitation is punishable as provided by ORS 811.175 and 811.182.
(10) Upon receiving
satisfactory evidence of any violation of the limitations placed on a
probationary driver permit under this section, the department may suspend or
revoke the probationary driver permit.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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