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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2383 By: Sterling and West (Josh) of
the House
and
Weaver of the Senate
COMMITTEE SUBSTITUTE
An Act relating to driver licenses; creating the
Shelby Johnson and L ogan Deardorff Act of 2022;
requiring certain written notice; allowing Department
of Public Safety to require certain exams for medical
fitness; allowing for certain extension; allowing
Department to make certain license determinations
based on examination ; providing for certain
suspension, denial, or revocation for refusal or
neglect to take examination; requiring certain notice
by certified mail; defining term; providing for
examination details and criteria; req uiring
Department develop certain form; prov iding list of
individuals who may submit certain report; detailing
certain report requirements; providing penalty for
reporting false informa tion; providing for liability
immunity; providing for confidentiality of reports
and medical records; requiring Department maintain
certain records; requiring the development of f orms
and guidelines for reporting cases; requiring
publication and availability of certain guidelines;
requiring compliance with federal law; providing
penalty for violations; providing for ap peal and
appeal time frame; allowing for petition for certain
reinstatement of license; requiring certain statement
accompany petition; requiring decision by certain
time; providing for appeal of certain decision;
authorizing the promul gation of certain ru les and
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procedures; repealing 47 O.S. 2021, Sections 6-119
and 6-207, which relate to drivers with medical
conditions; providing for noncodification; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Shel by Johnson
and Logan Deardorff Act of 202 2".
SECTION 2. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 6 -207.1 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. Whenever the Department of Public Safety has good cause to
believe that a person is medically unfit to receive or retain hi s or
her driver license, the Department may, after giving written notice
of thirty (30) days by certified mail to such person 's known
address, require the person to submit to an examination as
prescribed by the Department in conjunction with the Driver Lic ense
Medical Advisory Committee, pursuant to Section 6 -118 of Title 47 of
the Oklahoma Statutes . Upon request, an extension of thirty (30)
days may be granted to persons who are required to ta ke said
examination.
B. Upon conclusion of the examination, the Department may allow
the person to retain his or her license, suspend, deny , or revoke
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the license, or may issue the person a licens e subject to
restrictions as provided in Section 6 -113 of Title 47 of the
Oklahoma Statutes. If an examination indicates a condition that
potentially impairs safe driving, the Department, in addition to
action with respect to the license, may require the person to submit
to further periodic examinations. The refusal or neglect of the
person to submit to a required examination within thirty (30) days
after the date of the notice provided for in subsection A of this
section shall be grounds for suspension, denial, or revocation of
the person's license by the Depart ment or local court as applicable.
Notice of any suspension, denial, revocation , or other restriction
shall be provided by certified mail. As used in this section, the
term "denial" means the act of not licensing a person who is
currently suspended, revo ked, or otherwise not licensed to operate a
motor vehicle. Denial may also include the act of withdrawing a
previously issued license.
C. The examination provided for in subsection A of this sect ion
may include, but may not be limited to, a written test and test of
driving skills, vision, highway sign recognition, and, if
appropriate, a physical or mental evaluation, or both. The
Department may require any or all of the examination criteria
pursuant to Section 6-110 of Title 47 of the Oklahoma Statutes as
well as medical assessments to be placed on a form to be developed
by the Department.
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D. The Department shall have good cause to believe that a
person is potentially unfit to retain or receive a license on the
basis of, but not limited to, a report by o ne of the following
individuals:
1. A physician, physical th erapist, occupational therapist,
chiropractic physician, registered nurse, psychologist, social
worker, professional counselor, optometr ist, or an emergency medical
technician licensed in this state;
2. A law enforcement officer; or
3. The person's spouse or a member of the person's family
within the third degree of consanguinity or affinity who has reached
the age of eighteen (18) years, except that no person may report the
same family member more than one time during a period of twelve (12)
months.
E. The report shall stat e that the reporting person reasonably
and in good faith believes the driver cannot safely operate a motor
vehicle and shall be based on persona l observation or physical
evidence, which shall be described in the report, or the report
shall be based upon an investigation or police report by a law
enforcement officer. The report shall be a written declarat ion in
the form prescribed by the Department . Anyone knowingly reportin g
false information may be found guilty under penalty of perjury.
F. A physician, physical therapist, occupational therapist,
chiropractic physician, registered nurse, psychologist, soci al
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worker, professional counselor, optometrist , or an emergency medic al
technician licensed in this state may report to the Department any
patient diagnosed or assessed as having a disorder or condition that
may prevent such person from safely operating a motor vehicle. Such
report shall state the diagnosis or assessment and whether the
condition is permanent or temporary.
G. 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 said report. All reports made and medical
records reviewed and maintained by the Department pursuant to this
section shall be kept confidential except upon order of a court of
competent jurisdiction or in a review of the Department 's actions
pursuant to Section 6-211 of Title 47 of the Oklahoma Statutes .
H. The Department shall maintain records and statistics of any
reports made and any actions taken against driver licenses pursuant
to this section.
I. The Department shall, in consult ation with the Driver
License Medical Advisory Committee, develop and maintain a
standardized form and provide guidelines for the reporting of cases
and the examination of drivers pursuant to this section. The
guidelines shall be published and made availa ble to the public. The
Department shall provide health care providers and law enforcement
officers with information about the procedures authorized pursuant
to this section. The guidelines and regulation s implemented in this
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section shall comply with the federal Americans with Disabilities
Act of 1990.
J. Any person who knowingly violates a confidentiality
provision of this section, knowingly permits or encourages the
unauthorized use of a report , or files a false report in violation
of this section may be criminally and civilly liable .
K. All appeals of license revocations, suspensions, denials,
and restrictions pursuant to this section shall be made within
thirty (30) days after the receipt of t he notice of revocation,
suspension, denial, or restriction pursuan t to Section 6-211 of
Title 47 of the Oklahoma Statutes.
L. Any individual whose condition is temporary in nature as
reported shall have the right to petition the Department for total
or partial reinstatement of his or her license. Such request shall
be made on a form prescri bed by the Department and accompanied by a
statement from a health care provider with the same or sim ilar
license as the health care provider who made the initial report
resulting in the restriction or suspension, denial, or revocation of
the driver license. Such petition shall be dec ided by the
Department within thirty (30) days of the recei pt of the petition.
The Department's decision is appealable pursuant to Section 6-211 of
Title 47 of the Oklahoma Statutes .
M. The Department is authorized to promulgate rules and any
necessary procedures to implement the provisions of this section.
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SECTION 3. REPEALER 47 O.S. 20 21, Sections 6-119 and 6-
207, are hereby repealed.
SECTION 4. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 03/01/2022 -
DO PASS, As Amended and Coauthored.