Health Care Providers or Law Enforcement

A health care provider or law enforcement officer is not legally obligated to report a patient who may have a medical impairment that could affect the operation of a vehicle.  A health care provider or law enforcement officer who does choose to report, in good faith, pursuant to this section will be immune from civil liability that may result from making a report.

 

A health care provider or law enforcement officer may make a report to the Registry of Motor Vehicles for a medical evaluation of the driver's ability to safely operate a motor vehicle if there is reasonable cause to believe that a driver is not physically or medically capable of safely operating a motor vehicle or has a cognitive or functional impairment that will affect that driver's ability to safely operate a motor vehicle, provided that such a report is not made solely based on the age of the driver.

 

The report to the Registry of Motor Vehicles should:

1.  State the health care provider's or officer's good faith belief that the driver cannot safely operate a motor vehicle

2.  Disclose the medical information underlying his/her good faith belief

3.  This good faith belief should be based upon personal observation or physical evidence of the actual affect of that condition or impairment on the driver's ability to safely operate a motor vehicle. This observation or physical evidence should be gained by an investigation that is described in the report.

 

A health care provider or law enforcement officer who reports, in good faith, pursuant to this section will be immune from civil liability that may result from making a report. The report will be confidential and will be used by the Registrar only to determine a driver's qualifications to operate a motor vehicle. All reports made and all medical records reviewed and maintained by the Registry of Motor Vehicles under this section will be confidential, unless upon written request of the customer to examine any medical record or reports.

 

When an initial report that a licensed driver may be unfit to operate a motor vehicle due to an alleged physical or mental condition is received from a health care provider or from law enforcement, the Medical Affairs may initiate a licensing action directly.

 

The following diagram shows the Health Care Provider and Law Enforcement reporting process:

 

Description: Expert Workflow