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