Text: HSB00635                          Text: HSB00637
Text: HSB00600 - HSB00699               Text: HSB Index
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House Study Bill 636

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.186, unnumbered paragraph 4, Code
  1  2 1997, is amended to read as follows:
  1  3    A physician licensed under chapter 148, 150, or 150A, or an
  1  4 optometrist licensed under chapter 154, may report to the
  1  5 department the identity of a person who has been diagnosed as
  1  6 having a physical or mental condition which would render the
  1  7 person physically or mentally incompetent to operate a motor
  1  8 vehicle in a safe manner.  The physician or optometrist shall
  1  9 make reasonable efforts to notify the person who is the
  1 10 subject of the report, in writing.  The written notification
  1 11 shall state the nature of the disclosure and the reason for
  1 12 the disclosure.  A physician or optometrist making a report
  1 13 under this section shall be immune from any liability, civil
  1 14 or criminal, which might otherwise be incurred or imposed as a
  1 15 result of the report.  A physician or optometrist has no duty
  1 16 to make a report or to warn third parties with regard to any
  1 17 knowledge concerning a person's mental or physical competency
  1 18 to operate a motor vehicle in a safe manner.  Any report
  1 19 received by the department from a physician or optometrist
  1 20 under this section shall be kept confidential.  Information
  1 21 regulated by chapter 141 shall be subject to the provisions of
  1 22 sections 141.23 and 141.24.  
  1 23                           EXPLANATION
  1 24    This bill extends to optometrists the same authority and
  1 25 immunity extended to physicians respecting reports to the
  1 26 department of transportation concerning the identity of a
  1 27 person whom the optometrist has diagnosed as having a
  1 28 condition rendering the person incompetent to operate a motor
  1 29 vehicle.  The optometrist is to make reasonable efforts to
  1 30 notify the subject of the report.  The optometrist is immune
  1 31 from any civil or criminal liability which might otherwise be
  1 32 incurred as a result of the report.  The optometrist has no
  1 33 duty to report the information to third parties.  The report
  1 34 to the department is to be kept confidential.  
  1 35 LSB 4185HC 77
  2  1 lh/jw/5
     

Text: HSB00635                          Text: HSB00637
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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