74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2176
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
CHAPTER ................
AN ACT
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 Oregon:
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.
Enrolled House Bill 2176 (HB 2176-A) Page 1
(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 Oregon to perform the duties
assigned to the medical determination officer by this
section. + }
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 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
Enrolled House Bill 2176 (HB 2176-A) Page 2
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.
Enrolled House Bill 2176 (HB 2176-A) Page 3
(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.
Enrolled House Bill 2176 (HB 2176-A) Page 4
(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.
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Passed by House March 29, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 14, 2007
...........................................................
President of Senate
Enrolled House Bill 2176 (HB 2176-A) Page 5
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2176 (HB 2176-A) Page 6