Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 74 - AT-RISK DRIVER PROGRAM - MANDATORY REPORT FOR MEDICAL PROFESSIONALS › Section 735-074-0080 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "DMV" means the Driver and Motor Vehicle
			 Services Division of the Oregon Department of Transportation.
(2) A "health care provider" has the meaning
			 set forth in ORS 807.710 and, for the purpose of these rules, OAR 735, division
			 074, is limited to a chiropractic physician, nurse practitioner, occupational
			 therapist, physical therapist, optometrist, physician associate and podiatric
			 physician or surgeon.
(3)
			 "Immediate suspension or cancellation" means the suspension or cancellation of
			 driving privileges or the right to apply for driving privileges before the
			 person is given an opportunity for a hearing to contest the suspension or
			 cancellation.
(4) "Mandatory
			 reporting or a mandatory report" is a report of severe and uncontrollable
			 cognitive or functional impairments, submitted by a physician or designated
			 health care provider as mandated under ORS 807.710 and these rules. DMV also
			 has a non-mandatory reporting program that can be used by anyone, including
			 physicians and health care providers, that reports medical issues or driving
			 behaviors that may affect the person's ability to safely operate a motor
			 vehicle. The non-mandatory reporting program is outlined in OAR chapter 735,
			 division 76.
(5) "Medical
			 Determination Officer" means a physician, nurse practitioner or physician
			 associate, licensed to provide health care services by the State of Oregon, and
			 employed or designated by DMV to make medical determinations of a person's
			 medical eligibility for driving privileges.
(6) A "Driver Medical Report form" means the
			 form provided to a person or designated by DMV to be used to obtain medical
			 information for determining if the person is eligible or qualified for driving
			 privileges.
(7) A "physician" has
			 the meaning set forth in ORS 807.710.
(8) A "primary care provider" means a
			 physician or health care provider who is responsible for supervising,
			 coordinating and providing a person's initial and ongoing health care. A
			 primary care provider initiates referrals for health care outside of his or her
			 scope of practice, consultations and specialist care to assure continuity of a
			 person's medically appropriate health care.
(9) "Primary and secondary driving controls"
			 mean the steering wheel, gas pedal, brake, clutch (if applicable), turn signal
			 controls, headlight controls, windshield wiper controls, defrost control and
			 horn of a motor vehicle.
(10)
			 "Recertification" or "recertify" means the process for requiring the person to
			 reestablish eligibility at periodic intervals by submitting updated medical or
			 vision information and possibly proving that the mental or physical condition
			 or impairment does not affect their ability to safely operate a motor vehicle
			 by passing DMV tests, receiving a determination of eligibility from the Medical
			 Determination Officer, or both.
(11) "Severe" means that the impairment
			 substantially limits a person's ability to perform activities of daily living,
			 including driving, because it is not controlled or compensated for by
			 medication, therapy, surgery or adaptive devices. Severe does not include a
			 temporary impairment for which the person is being treated by a physician or
			 health care provider and which is not expected to last more than six
			 months.
(12) "Uncontrollable" means
			 the impairment persists despite efforts to control or compensate for it by
			 medication, therapy, surgery, or adaptive devices. Uncontrollable does not
			 include an impairment for which treatment by medication, therapy, surgery or
			 adaptive devices is currently under evaluation.
Statutory/Other Authority: ORS 184.619, 802.010 &
				  807.710
Statutes/Other Implemented: ORS
				  807.710