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Section A. Section 302.292, RSMo, is repealed and two new sections enacted in lieu thereof to be known as sections 302.174 and 302.292, to read as follows: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, whether the condition is permanent or temporary, and any prescribed medications that may interfere with the patient's ability to operate a motor vehicle.

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 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 the report. No person shall be subject to civil liability for any failure 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 created by the department of revenue under this section shall be kept confidential except as required under this section. Reports shall not be used in evidence except when resolving an issue involving the making or use of a report made under this section.

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:

(1) Suspend or revoke the driver's license of the driver on the basis of the report;

(2) Order the driver to take a physical and/or driving test; or

(3) Disregard the report if it contains insufficient evidence.

Any person denied a license under subdivision (1) of this subsection may elect to take a driving test and a physical test by a licensed physician. Any physical test taken under this section shall be conducted pursuant to objectives established by the department of revenue. The department shall send the objectives and a copy of the substance of any report to a physician designated by the driver and approved by the department. The physician shall give the results of a physical test to the department and to the patient. The cost of each test shall be paid by the person tested.

5. The department of revenue may suspend or revoke driver's licenses 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 revocation of one year;

(3) For a condition which potentially impairs safe driving within a year, further examinations may be required in 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 director 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 within thirty days after notice of the suspension or revocation is received.

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.

11. Any person who intentionally files a false report under this section shall be guilty of a class A misdemeanor.

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.