40 | | - | [ motor vehicles - Shelby Johnson and Logan Deardorff |
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41 | | - | Act of 2025 – application - license - diagnosis |
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42 | | - | report - public record – rules – noncodification - |
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43 | | - | effective date ] |
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44 | | - | |
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45 | | - | |
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| 49 | + | An Act relating to motor vehicles; creating the |
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| 50 | + | Shelby Johnson and Logan Deardorff Act of 2025; |
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| 51 | + | amending 47 O.S. 2021, Section 6 -207, as amended by |
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| 52 | + | Section 70, Chapter 282, O.S.L. 2022 (47 O.S. Supp. |
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| 53 | + | 2023, Section 6-207), which relates to authority to |
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| 54 | + | deny application for or cancel license for certain |
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| 55 | + | ailments; deleting certain reporting requirement; |
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| 56 | + | requiring certain diagnosis report; stating certain |
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| 57 | + | report shall not be considered public record; |
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| 58 | + | authorizing the promulgation of certain rules; |
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| 59 | + | providing for noncodification; and providing an |
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| 60 | + | effective date. |
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55 | | - | SECTION 2. AMENDATORY 47 O.S. 2021, Section 6 -207, as |
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56 | | - | amended by Section 70, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024, |
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57 | | - | Section 6-207), is amended to read as follows: |
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58 | | - | Section 6-207. Whenever Service Oklahoma is furnished with |
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59 | | - | information or, from the records on file in Service Oklahoma, it is |
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60 | | - | established that the holder of a driver license is afflicted with a |
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| 97 | + | SECTION 2. AMENDATORY 47 O.S. 2021, Section 6 -207, as |
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| 98 | + | amended by Section 70, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2024, |
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| 99 | + | Section 6-207), is amended to read as follows: |
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| 100 | + | Section 6-207. Whenever Service Oklahoma is furnished with |
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| 101 | + | information or, from the records on file in Service Oklahoma, it is |
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| 102 | + | established that the holder of a driver license is afflicted with a |
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87 | 103 | | physical disease with a history of seizures, or mental disease, or |
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88 | 104 | | momentary lapses of consciousness or any other ailment which may |
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89 | 105 | | result in temporary loss of control or partial control of a motor |
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90 | 106 | | vehicle, Service Oklahoma may, in its discretion, execute an orde r |
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91 | 107 | | of cancellation of any driver license issued to such individual, or, |
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92 | 108 | | should such information be available at the time of application for |
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93 | 109 | | a driver license, Service Oklahoma may execute an order denying the |
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94 | 110 | | issuance of said license to any such individual a nd shall cause any |
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95 | 111 | | such license that may have been issued to be picked up or to be |
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96 | 112 | | delivered to Service Oklahoma as specified for other such orders. |
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97 | 113 | | Every physician or surgeon, including doctors of medicine and |
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98 | 114 | | osteopathy, examining, attending or treating an individual for any |
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99 | 115 | | illness or injury that would impair the ability of the individual in |
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100 | 116 | | any manner as to affect the performance of the person to operate a |
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101 | 117 | | motor vehicle, may make a written report of the diagnosis to Service |
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102 | 118 | | Oklahoma. Any person who is diagnosed with a disorder that causes a |
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103 | 119 | | momentary lapse of consciousness that would impair the ability of |
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104 | 120 | | the individual in any manner as to affect the performance of the |
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137 | 154 | | malicious intent in making of a report pursuant to this act shall |
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138 | 155 | | have the immunity from civil liability that might otherwise be |
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139 | 156 | | incurred or imposed. Any such participant shall have the same |
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140 | 157 | | immunity with respect to participation in any ju dicial proceeding |
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141 | 158 | | resulting from such report. |
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142 | 159 | | Provided further that, in any proceeding resulting from a report |
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143 | 160 | | made pursuant to this act or in any proceeding where such a report |
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144 | 161 | | or any contents thereof are sought to be introduced in evidence, |
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145 | 162 | | such report or contents or any other fact or facts related thereto, |
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146 | 163 | | or the condition of the individual who is the subject of the report |
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147 | 164 | | shall only be admitted in evidence in actions regarding the |
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148 | 165 | | revocation, suspension, cancellation or denial of the subject's |
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149 | 166 | | driver's license and. The report shall not be considered to be a |
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150 | 167 | | public record provided that the report shall not be excluded on the |
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151 | 168 | | ground that the matter is or may be the subject of a physician - |
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152 | 169 | | patient privilege or similar privilege or rule against disclosure. |
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185 | | - | Passed the House of Representatives the 24th day of March, 2025. |
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| 197 | + | Any person whose license has been canceled or denied under the |
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| 198 | + | provisions of this section shall have the right of appeal from said |
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| 199 | + | order, as provided under Section 6 -211 of this title. |
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| 200 | + | Service Oklahoma is authorized to promulgate rules to effectuate |
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| 201 | + | the provisions of this section. |
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| 202 | + | SECTION 3. This act shall become effective November 1, 2025. |
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