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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2266 By: Sterling
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38	38	AS INTRODUCED
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40	40	An Act relating to driver licenses; creating the
41	41	Shelby Johnson and L ogan Deardorff Act of 2023;
42	42	requiring certain written notice; allowing Department
43	43	of Public Safety to require certain exams for medical
44	44	fitness; allowing for certain extension; allowing
45	45	Department to make certain license determinations
46	46	based on examination ; providing for certain
47	47	suspension, denial, or revocation for refusal or
48	48	neglect to take examination; requiring certain notice
49	49	by certified mail; defining term; providing for
50	50	examination details and criteria; req uiring
51	51	Department develop certain form; prov iding list of
52	52	individuals who may submit certain repo rt; detailing
53	53	certain report requirements; providing penalty for
54	54	reporting false informa tion; providing for liability
55	55	immunity; requiring Department maintain certain
56	56	records; requiring the development of f orms and
57	57	guidelines for reporting cases; requiring publication
58	58	and availability of certain guidelines; requiring
59	59	compliance with federal law; providing penalty for
60	60	violations; providing for ap peal and appeal time
61	61	frame; allowing for petition for certain
62	62	reinstatement of license; requiring certain statement
63	63	accompany petition; requiring decision by certain
64	64	time; providing for appeal of certain d ecision;
65	65	authorizing the promul gation of certain ru les and
66	66	procedures; repealing 47 O.S. 2021, Sections 6-119
67	67	and 6-207, which relate to drivers with medical
68	68	conditions; providing for noncodification; providing
69	69	for codification; and providing an effective date.
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101	101	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102	102	SECTION 1. NEW LAW A new section of law not to be
103	103	codified in the Okla homa Statutes reads as follows:
104	104	This act shall be known and may be cited as the "Shelby Johnson
105	105	and Logan Deardorff Act of 202 3".
106	106	SECTION 2. NEW LAW A new section of law to be codifie d
107	107	in the Oklahoma Statutes as Section 6 -207.1 of Title 47, unless
108	108	there is created a duplication in numbering, reads as follows:
109	109	A. Whenever the Department of Public Safety has good cause to
110	110	believe that a person is medically unfit to receive or retain hi s or
111	111	her driver license, the Department may, afte r giving written notice
112	112	of thirty (30) days by certified mail to such person 's known
113	113	address, require the person to submit to an examination as
114	114	prescribed by the Department in conjunction with the Driver Lic ense
115	115	Medical Advisory Committee, pursuant to Sect ion 6-118 of Title 47 of
116	116	the Oklahoma Statutes . Upon request, an extension of thirty (30)
117	117	days may be granted to persons who are required to ta ke said
118	118	examination.
119	119	B. Upon conclusion of the examination, the Department may allow
120	120	the person to retain his o r her license, suspend, deny, or revoke
121	121	the license, or may issue the person a license subject to
122	122	restrictions as provided in Section 6 -113 of Title 47 of the
123	123	Oklahoma Statutes. If an examination indicates a condition that
124	124	potentially impairs safe driving , the Department, in addition to
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151	151	action with respect to the license, may require the person to submit
152	152	to further periodic examinations. The refusal or neglect of the
153	153	person to submit to a required examination within thirty (30) days
154	154	after the date of the notice provided for in subsection A of this
155	155	section shall be grounds for suspension, denial , or revocation of
156	156	the person's license by the Depart ment or local court as applicable.
157	157	Notice of any suspension, denial, revocation , or other restriction
158	158	shall be provided by certified mail. As used in this section, the
159	159	term "denial" means the act of not licensing a person who is
160	160	currently suspended, revo ked, or otherwise not licensed to operate a
161	161	motor vehicle. Denial may also include the act of withdrawing a
162	162	previously issued license.
163	163	C. The examination provided for in subsection A of this section
164	164	may include, but may not be limited to, a written test and test of
165	165	driving skills, vision, highway sign recognition, and, if
166	166	appropriate, a physical or mental evaluation, or both. The
167	167	Department may require any or all of the examination criteria
168	168	pursuant to Section 6 -110 of Title 47 of the Oklahoma Statutes as
169	169	well as medical assessments to be placed on a form to be developed
170	170	by the Department.
171	171	D. The Department shall have good cause to believe that a
172	172	person is potentially unfit to retain or receive a license on the
173	173	basis of, but not limited to, a report by o ne of the following
174	174	individuals:
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201	201	1. A physician, physical th erapist, occupational therapist,
202	202	chiropractic physician, registered nurse, psychologist, social
203	203	worker, professional counselor, optometrist , or an emergency medical
204	204	technician licensed in this state;
205	205	2. A law enforcement officer; or
206	206	3. The person's spouse or a member of the person's family
207	207	within the third degree of consanguinity or affinity who has reached
208	208	the age of eighteen (18) years, except that no person may report the
209	209	same family member more than one time during a period of twelve (12)
210	210	months.
211	211	E. The report shall stat e that the reporting person r easonably
212	212	and in good faith believes the driver cannot safely operate a motor
213	213	vehicle and shall be based on persona l observation or physical
214	214	evidence, which shall be described in the report, or the report
215	215	shall be based upon an investigation or police repo rt by a law
216	216	enforcement officer. The report shall be a written declarat ion in
217	217	the form prescribed by the Department . Anyone knowingly reportin g
218	218	false information may be found guilty under penalty of perjury.
219	219	F. A physician, physical therapist, occupatio nal therapist,
220	220	chiropractic physician, registered nurse, psychologist, soci al
221	221	worker, professional counselor, optometrist , or an emergency medic al
222	222	technician licensed in this state may report to the Department any
223	223	patient diagnosed or assessed as having a disorder or condition that
224	224	may prevent such person from safely operating a motor vehicle. Such
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251	251	report shall state the diagnosis or assessment and whether the
252	252	condition is permanent or temporary.
253	253	G. Any person who makes a report in good faith pursuant to this
254	254	section shall be immune from any civil liability that otherwise
255	255	might result from making said report.
256	256	H. The Department shall maintain records and statistics of any
257	257	reports made and any actions taken against driver licenses pursuant
258	258	to this section.
259	259	I. The Department shall, in consult ation with the Driver
260	260	License Medical Advisory Committee, develop and maintain a
261	261	standardized form and provide guidelines for the reporting of cases
262	262	and the examination of drivers pursuant to this section. The
263	263	guidelines shall be published and made availa ble to the public. The
264	264	Department shall provide health care providers and law enforcement
265	265	officers with information about the procedures authorized pursuant
266	266	to this section. The guidelines and regulation s implemented in this
267	267	section shall comply with the federal Americans with Disabilities
268	268	Act of 1990.
269	269	J. Any person who knowingly violates a confidentiality
270	270	provision of this section, knowingly permits or encourages the
271	271	unauthorized use of a report , or files a false report in violation
272	272	of this section may be criminally and civilly liable .
273	273	K. All appeals of license revocations, suspensions, denials,
274	274	and restrictions pursuant to this section shall be made within
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301	301	thirty (30) days after the receipt of t he notice of revocation,
302	302	suspension, denial, or restriction pursuant to Section 6 -211 of
303	303	Title 47 of the Oklahoma Statutes.
304	304	L. Any individual whose condition is temporary in nature as
305	305	reported shall have the right to petition the Department for total
306	306	or partial reinstatement of his or her license. Such request shall
307	307	be made on a form prescri bed by the Department and accompanied by a
308	308	statement from a health care provider with the same or sim ilar
309	309	license as the health care provider who made the initial report
310	310	resulting in the restriction or suspension, denial, or revocation of
311	311	the driver license. Such petition shall be dec ided by the
312	312	Department within thirty (30) days of the recei pt of the petition.
313	313	The Department's decision is appealable pursuant to Section 6-211 of
314	314	Title 47 of the Oklahoma Statutes.
315	315	M. The Department is authorized to promulgate rules and any
316	316	necessary procedures to implement the provisions of this section.
317	317	SECTION 3. REPEALER 47 O.S. 20 21, Sections 6-119 and 6-
318	318	207, are hereby repealed.
319	319	SECTION 4. This act shall become effective November 1, 2023.
320	320
321	321	59-1-6617 JBH 12/13/22

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2266 Compare Versions