House
Study
Bill
94
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
TJEPKES)
A
BILL
FOR
An
Act
allowing
the
department
of
transportation
to
accept
1
reports
from
advanced
registered
nurse
practitioners
2
disclosing
a
physical
or
mental
condition
that
renders
a
3
person
incompetent
to
operate
a
motor
vehicle.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1835HC
(2)
84
dea/nh
H.F.
_____
Section
1.
Section
321.186,
subsection
4,
Code
2011,
is
1
amended
to
read
as
follows:
2
4.
A
physician
licensed
under
chapter
148
,
an
advanced
3
registered
nurse
practitioner
licensed
under
chapter
152
4
and
registered
with
the
board
of
nursing,
or
an
optometrist
5
licensed
under
chapter
154
may
report
to
the
department
6
the
identity
of
a
person
who
has
been
diagnosed
as
having
a
7
physical
or
mental
condition
which
would
render
the
person
8
physically
or
mentally
incompetent
to
operate
a
motor
vehicle
9
in
a
safe
manner.
The
physician
,
advanced
registered
nurse
10
practitioner,
or
optometrist
shall
make
reasonable
efforts
11
to
notify
the
person
who
is
the
subject
of
the
report,
in
12
writing.
The
written
notification
shall
state
the
nature
of
13
the
disclosure
and
the
reason
for
the
disclosure.
A
physician
,
14
advanced
registered
nurse
practitioner,
or
optometrist
making
a
15
report
under
this
section
shall
be
immune
from
any
liability,
16
civil
or
criminal,
which
might
otherwise
be
incurred
or
imposed
17
as
a
result
of
the
report.
A
physician
,
advanced
registered
18
nurse
practitioner,
or
optometrist
has
no
duty
to
make
a
19
report
or
to
warn
third
parties
with
regard
to
any
knowledge
20
concerning
a
person’s
mental
or
physical
competency
to
operate
21
a
motor
vehicle
in
a
safe
manner.
Any
report
received
by
22
the
department
from
a
physician
,
advanced
registered
nurse
23
practitioner,
or
optometrist
under
this
section
shall
be
kept
24
confidential.
Information
regulated
by
chapter
141A
shall
be
25
subject
to
the
confidentiality
provisions
and
remedies
of
that
26
chapter.
27
EXPLANATION
28
Under
current
law,
the
department
of
transportation
has
the
29
authority
to
determine
if
an
applicant
for
a
driver’s
license
30
or
a
person
who
holds
a
valid
driver’s
license
is
physically
31
or
mentally
incompetent
to
drive.
The
department
may
order
an
32
examination
or
may
act
on
the
confidential
report
of
a
licensed
33
physician
or
optometrist
disclosing
the
identity
of
a
person
34
who
has
been
diagnosed
with
a
physical
or
mental
condition
35
-1-
LSB
1835HC
(2)
84
dea/nh
1/
2
H.F.
_____
which
would
render
the
person
incompetent
to
operate
a
motor
1
vehicle
in
a
safe
manner.
A
physician
or
optometrist
who
makes
2
such
a
report
is
required
to
attempt
to
notify
the
person
who
3
is
the
subject
of
the
report
in
writing,
stating
the
nature
4
of
the
disclosure
and
the
reason
for
the
disclosure.
The
5
reporting
physician
or
optometrist
is
immune
from
civil
or
6
criminal
liability
that
might
otherwise
be
incurred
or
imposed
7
as
a
result
of
the
report.
8
This
bill
allows
a
licensed
advanced
registered
nurse
9
practitioner
who
is
registered
with
the
board
of
nursing
to
10
make
the
same
kind
of
report
to
the
department
regarding
a
11
diagnosis
affecting
a
person’s
ability
to
operate
a
motor
12
vehicle.
An
advanced
registered
nurse
practitioner
who
makes
13
a
report
to
the
department
has
the
same
responsibilities
and
14
protections
that
currently
apply
to
a
physician
or
optometrist
15
in
connection
with
a
report.
16
-2-
LSB
1835HC
(2)
84
dea/nh
2/
2