Offered April 22, 1996.

Senate Substitute adopted, April 22, 1996.

Taken up for Perfection April 22, 1996. Bill declared Perfected and Ordered Printed.

TERRY L. SPIELER, Secretary.

S1962.06P

To repeal sections 302.191 and 302.292, RSMo 1994, 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Section A. Sections 302.291 and 302.292, RSMo 1994, are repealed and two new sections enacted in lieu thereof to be known as sections 302.291 and 302.292, to read as follows:

302.291. 1. The director, having good cause to believe that an operator is incompetent or unqualified to retain his license, after giving ten days' notice to such person in writing by registered mail directed to his present known address, may require him to submit to an examination as prescribed by the director. Upon conclusion of the examination, the director may allow the licensee to retain his license, may suspend or revoke the license of the licensee, or may issue to the examinee a license subject to restrictions as provided in section 302.301. The refusal or neglect of the operator to submit to such examination shall be [ground] grounds for suspension or revocation of his license by the director, an associate circuit or circuit court.

2. The director may establish good cause to believe that an operator is incompetent or unqualified to retain his license pursuant to subsection 1 of this section by either of the following:

(1) If the director has reasonable grounds to believe that an operator is suffering from some known physical or mental ailment which ordinarily would interfere with the operator's fitness to operate a motor vehicle safely upon the highways, he may require that the examination include a physical or mental examination by a licensed physician of the operator's choice, at the operator's expense, to determine the fact; or

(2) If any law enforcement officer or any other person over the age of eighteen reports the condition of a driver to the department of revenue and such person reasonably and in good faith believes that the driver cannot safely operate a motor vehicle. A report under this subsection shall include an affidavit setting forth specific facts supporting such belief and the name, address and signature of the person making 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. The department of revenue shall keep records of reports made and actions taken against driver's licenses under this section.

5. 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.

6. 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.

7. 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 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.

4. 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.