| Administrative Rules |
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| Overview |
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The At-Risk Driver Program - Mandatory Report for Medical Professionals (Division 74) rules deal with the mandatory reporting by medical professionals to DMV of drivers with a medical condition or impairment that may affect driving.
The mandatory reporting program requires physicians and designated health care providers to report individuals who have a functional or cognitive impairment that is severe and uncontrollable. Physicians and health care providers may voluntarily report individuals that have not reached the reporting threshold for the mandatory program, but whom they believe may no longer be safe to drive.
Within five days of receiving a notice, DMV will suspend the driving privileges of individuals reported under Division 74 rules, if DMV determines that the report contains information that indicates the person may endanger persons or property if allowed to operate a motor vehicle.
Individuals with a current driver license, who recognize that they are unsafe to drive, will be provided an identification card at no charge. Individuals who believe that they are able to safely operate a motor vehicle will be encouraged to contact DMV to take tests to demonstrate that, notwithstanding the impairment or medical condition, they can safely operate a motor vehicle. DMV will reinstate the driving privileges of individuals who pass DMV tests. Reported individuals may also request a hearing.
A table of contents for the At-Risk Driver Program - Mandatory Report for Medical Professionals (Division 74) Rules is provided below:
OAR
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Section
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735-074-0050
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Policy and Objective
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735-074-0060
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Purpose
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735-074-0070
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Authority to Obtain Medical Information and DMV Use of Medical Information
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735-074-0080
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Definitions
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735-074-0090
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Physicians and Health Care Providers Required to Report to DMV
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735-074-0100
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Report of Visual Acuity or Field of Vision not Meeting DMV Standards
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735-074-0110
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Severe and Uncontrollable Impairments that must be Reported to DMV
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735-074-0120
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The Mandatory Report to DMV
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735-074-0130
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Standards for Identifying How Impairments Affect Driving
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735-074-0140
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DMV Response to Mandatory Report-Suspension, Opportunity to Re-Test, Reinstatement
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735-074-0180
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When a Suspension or Cancellation of Driving Privilege Occurs
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735-074-0190
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Tests Required
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735-074-0200
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Testing Process
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735-074-0210
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Restricted Licenses
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| 735-074-0212 |
Restricted Applicant Temporary Permit |
735-074-0220
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Hearing Request for Suspension or Cancellation of Driving Privileges
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| History of Rule |
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In 1999 the Oregon Legislature approved House Bill 2446, authorizing DMV to convene a committee to study the effects of aging on driving ability.
The committee met over the course of two years and developed a set of 26 comprehensive recommendations, which were presented to the 2001 Legislature. The members of the Older Driver Advisory Committee concluded that chronological age alone does not represent a valid or reliable criterion for assessing risk of being involved in a motor vehicle crash. Similarly, the presence of various medical conditions does not support the conclusion that a driver lacks the ability to drive.
DMV submitted legislation arising from the Older Driver Advisory Committee’s report, House Bill 3071, which was approved during Oregon’s 2001 Legislative Session. This legislation states that determinations regarding a person’s ability to safely operate a motor vehicle may NOT be based solely on diagnosis of a medical condition, but must be based on the actual effect of a cognitive or functional impairment on the person’s ability to safely operate a motor vehicle.
A twelve-member Medical Work Group, comprised of both physicians and health care providers, was recruited to work in consultation with DMV to identify cognitive and functional impairments likely to affect a person’s ability to safely operate a motor vehicle, and to designate physicians and health care providers required to report a person demonstrating these impairments to DMV.
Based on recommendations from the Medical Work Group, DMV developed Administrative Rules. Public hearings on DMV’s new mandatory medical reporting rules were held during February and March, 2003. The rules were finalized and sent to the Oregon Transportation Commission for approval in May.
The new medical reporting rules went into effect in six Oregon counties in June, 2003 and was subsequently phased in over 12 months. The entire state became subject to the new requirements on June 1, 2004.
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| Related Information |
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Additional information that may be relevant includes:
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