To repeal section 302.292, RSMo, and to enact in lieu thereof two new sections relating to the reporting and examination of impaired drivers for safety purposes, with penalty provisions and an effective date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 302.292, RSMo, is repealed and two new sections enacted in lieu thereof to be known as sections 302.174 and 302.292, to read as follows:

302.174. 1. Every physician licensed under chapter 334, RSMo, may report to the department of revenue any patient diagnosed as having a disorder or condition that is characterized by lapses of consciousness or that prevents the person from safely operating a motor vehicle. A report should be made within thirty days following diagnosis of the condition. Every report shall state the physician's diagnosis upon which he bases the report. Such report shall state whether the condition is permanent or temporary, and any prescribed medications that may interfere with the patient's ability to operate a motor vehicle. At no time shall the physician disclose any information from the patient's medical history or file of any other diagnosis or medical records regarding such patient which is not directly relevant to the condition reported.

2. Any law enforcement officer and any other person over the age of eighteen may report the condition of a driver to the department of revenue if the reporting person reasonably and in good faith believes that the driver cannot safely operate a motor vehicle. A report under this subsection shall include the date and the name, address and signature of the person making the report. A report made by a person other than a law enforcement officer must be based upon personal observation or other physical evidence which shall be described in the report.

3. Any person who makes a report in good faith pursuant to this section shall be immune from any civil liability that otherwise might result from making the report. No person shall have a duty to make a report under this section. The existence of a physician- patient relationship shall not prevent the making of a report. Notwithstanding the provisions of chapter 610, RSMo, to the contrary, all reports made and all medical records reviewed and maintained by the department of revenue under this section shall be kept confidential except upon order of a court of competent jurisdiction.

4. Reports made under this section may be considered good cause for requiring retesting under section 302.173 or section 302.291. Upon the receipt of a report under this section, the department of revenue may do any other following:

(1) Order the driver to take a driving, written and/or physical test; the department of revenue shall issue rules and regulations in consultation with the medical advisory board for the additional testing required; the testing may be more specialized than the initial test required for a driver's license, and the rules may address the selection of a physician; or

(2) Disregard the report if it contains insufficient evidence; or

(3) Request additional information from the reporting party, the driver or others in order to make an appropriate determination; the driver shall have thirty days from the date of the request to provide the additional information.

The cost of each test shall be paid by the person tested.

5. The department of revenue may deny or revoke driver's licenses of any person failing a driving, written or physical test or failing to respond to a request for information under this section in the following manner:

(1) For a permanent condition preventing safe driving, a permanent revocation;

(2) For a temporary condition preventing safe driving, a license denial of up to one year or until a Missouri licensed physician reports to the department of revenue that such condition has either ended or no longer impairs the driver's ability to safely operate a motor vehicle; additional tests and resulting denials may be ordered at the end of one year if the condition continues to exist;

(3) For a condition which is progressive and may impair safe driving within a year, further examinations may be required within one year.

6. The department of revenue shall keep records of reports made and actions taken against driver's licenses under this section.

7. The department of revenue shall, in consultation with the medical advisory board established under section 302.292, provide guidelines for the reporting of cases and for physical tests of drivers under this section. The guidelines shall be published and adopted as required for rules and regulations under chapter 536, RSMo. The director of revenue shall provide health care professionals with information about the procedures authorized in this section.

8. All appeals of license suspensions and revocations shall be made as required under section 302.311 within thirty days after notice of the suspension or revocation is mailed to the last known address provided to the department. Such appeal rights must be clearly stated in writing to the driver.

9. The department of public safety shall establish within its division of highway safety an educational program pertaining to the reporting of impaired drivers. The program shall use media advertising, department of revenue licensing offices, publications and other cooperation with community organizations to inform the public of the following:

(1) Problems involving impaired drivers on Missouri roadways;

(2) The procedures for reporting motor vehicle drivers who because of physical limitations or mental acuity are unable to operate a motor vehicle in a safe manner;

(3) The importance of getting involved in order to save the lives of the physically or mentally impaired drivers as well as other motorists and pedestrians; and

(4) The availability of alternative transportation to persons who are unable to drive because of physical or mental disabilities.

10. Any person who knowingly violates a confidentiality provision of this section or who knowingly permits or encourages the unauthorized use of a report or reporting person's name in violation of this section shall be guilty of a class A misdemeanor and shall be liable for damages which proximately result.

11. Any person who intentionally files a false report under this section shall be guilty of a class A misdemeanor and shall be liable for damages which proximately result.

302.292. 1. In order to advise the director of revenue on medical criteria and to examine, review and make recommendations in regard to individual driver licensing cases involving medical impairments, a medical/vision advisory board is established. The physicians serving on the board shall serve in a voluntary capacity.

2. No civil or criminal action shall lie against any member of the medical/vision advisory board of the department of revenue who acts in good faith in advising the department under the provisions of this chapter. Good faith shall be presumed on the part of members of the medical/vision advisory board in the absence of a showing of fraud or malice.

3. The director shall adopt rules and regulations as required under chapter 536, RSMo, as necessary to carry out the provisions of this section.

Section B. The provisions of this act shall become effective on January 1, 1997.