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STATE OF OKLAHOMA
2nd Session of the 59th Legislature ( 2024)
HOUSE BILL 3552 By: Sterling
AS INTRODUCED
An Act relating to motor vehicles; creating the
Shelby Johnson and Logan Deardorff Act of 2024 ;
amending 47 O.S. 2021, Section 6 -207, as amended by
Section 70, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2023, Section 6-207), which relates to authority to
deny application for or cancel license for certain
ailments; modifying types of ailments that might
impair driving ability; req uiring certain diagnosis
report; requiring certain immunity from civil
liability; requiring report to be admitted into
evidence for certain actions; authorizing the
promulgation of certain rules; providing for
noncodification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE 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 ma y be cited as the "Shelby Johnson
and Logan Deardorff Act of 2024".
SECTION 2. AMENDATORY 47 O.S. 2021, Section 6 -207, as
amended by Section 70, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023,
Section 6-207), is amended to read as follows:
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Section 6-207. Whenever Service Oklahoma is furnished with
information or, from the records on file in Service Oklahoma, it is
established that the holder of a driver license is afflicted with a
physical disease with a history of seizures, or mental disease, or
momentary lapses of consciousness or any other ailment which may
result in temporary loss of control or partial control of a motor
vehicle, Service Oklahoma may, in its discretion, execute an order
of cancellation of any driver license issued to such individual, or,
should such information be available at the time of application for
a driver license, Service Oklahoma may execute an order denying the
issuance of said license to any such in dividual and shall cause any
such license that may have been issued to be picked up or to be
delivered to Service Oklahoma as specified for other such orders.
Every physician or surgeon, including doctors of medicine and
osteopathy, examining, attending or treating an individual for any
illness or injury epilepsy, seizures, or momentary lapse of
consciousness that would impair the ability of the individual in any
manner as to affect the performance of the person to operate a motor
vehicle, may make a written report of the diagnos is to Service
Oklahoma. Any person who is diagno sed with epilepsy, seizures, or
momentary lapse of consciousness that would impair the ability of
the individual in any manner as to affe ct the performance of the
person to operate a motor vehicle shall report his or her diagnosis
to Service Oklahoma. Service Oklahoma may, in its discretion,
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suspend or cancel the license of such person for such period of time
as in its judgment is justified.
In addition thereto, any person or physician or any medical
personnel participating in good faith and without negligence or
malicious intent in making of a report pursuant to this act shall
have the immunity from civil liability from the patient that might
otherwise be incurred or imposed. Any such participant shall have
the same immunity with respect to participation in any judicial
proceeding resulting from such report.
Provided further that, in any proceeding resulting from a report
made pursuant to this act or in any proceeding where such a report
or any contents thereof are sought to be introduced in evidence,
such report or contents or any other fact or facts related thereto,
or the condition of the individual who is the subject of the report
shall only be admitted in evidence in actions regarding the
revocation, suspension, cancellation or denial of the subject's
driver's license and or actions resulting from a motor vehicle
collision where the subject of the report was at fault. The report
shall not be considere d to be a public record provided that the
report shall not be excluded on the ground that the matter is or may
be the subject of a physician-patient privilege or similar privilege
or rule against disclosure.
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Any person whose license has been canceled or de nied under the
provisions of this section shall have the right of appeal from said
order, as provided under Section 6-211 of this title.
Service Oklahoma is authorized to p romulgate rules to effectuate
the provisions of this section.
SECTION 3. This act shall become effective November 1, 2024.
59-2-9546 JBH 01/02/24