To repeal sections 302.291 and 302.292, RSMo 1994, and to enact in lieu thereof two new sections relating to the reporting and examination of impaired drivers, 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     Section A. Sections 302.291 and 302.292, RSMo 1994, are repealed and two new sections enacted in lieu thereof to be known as sections 302.291 and 302.292, to read as follows: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] certified 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. If an examination indicates a condition that potentially impairs safe driving, the director, in addition to action with respect to the license, may require the licensee to submit to further periodic examinations. The refusal or neglect of the [operator] licensee to submit to [such] an examination within thirty days after the date of such notice shall be [ground] grounds for suspension or revocation of his license by the director, an associate circuit or circuit court.

     2. The examination provided for in subsection 1 of this section may include, but is not limited to, a written test and tests of driving skills, vision, highway sign recognition and mental acuity and, if appropriate, a physical and/or mental examination as provided in section 302.173.

     3. The director shall have good cause to believe that an operator is incompetent or unqualified to retain his license on the basis of a report by a law enforcement officer, a physician licensed under chapter 334, RSMo, or any other person who has reached the age of eighteen. The report must state that the person reasonably and in good faith believes the driver cannot safely operate a motor vehicle. The report must be based upon personal observation or physical evidence which shall be described in the report. The report shall be a written declaration in the form prescribed by the department of revenue and shall contain the name, address, telephone number, and signature of the person making the report.

     4. Any physician licensed under chapter 334, RSMo, may report to the department any patient diagnosed as having a disorder or condition that may prevent such person from safely operating a motor vehicle. Such report shall state the diagnosis and whether the condition is permanent or temporary. The existence of a physician-patient relationship shall not prevent the making of a report by a physician.

     5. 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. 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.

     6. The department of revenue shall keep records and statistics 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, develop a standardized form and provide guidelines for the reporting of cases and for the examination of drivers under this section. The guidelines shall be published and adopted as required for rules and regulations under chapter 536, RSMo. The department of revenue shall also adopt rules and regulations as necessary to carry out the other provisions of this section. The director of revenue shall provide health care professionals and law enforcement officers with information about the procedures authorized in this section.

     8. 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.

     9. 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.

     10. All appeals of license revocations, suspensions and restrictions shall be made within thirty days after notice of the action is received as required under section 302.311.

     302.292. 1. In order to advise the director of revenue on medical criteria for the reporting and examination of drivers with medical impairments, a medical/vision advisory board is hereby established within the department of revenue. The board shall be composed of three members appointed by the governor, by and with the advice and consent of the senate, from a list of qualified candidates submitted to the governor by the director of the department of revenue. The members of the board shall be licensed physicians and residents of this state. Of the original appointees, one shall serve for a term of two years and two shall serve for terms of four years. Subsequent appointees shall each serve for a term four years or until their successors are appointed and approved. Any vacancy shall be filled in the same manner as the original appointment for the remainder of the term. The members of the board shall receive no compensation for their services and shall not hire any staff personnel but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. After the first full year of operation of the advisory board, the board shall meet no more than four times per year.

     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 department of revenue licensing offices, publications and cooperation with community organizations to inform the public and health care professionals 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; and

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

     4. The department of public safety shall adopt rules and regulations as required under chapter 536, RSMo as necessary to carry out its duties under this section.

     Section B. The provisions of this act shall become effective on January 1, 1998.