Or. Admin. Code § 735-076-0018
Current through Register Vol. 63, No. 12, December 1, 2024
Section 735-076-0018 - The Process when a Determination of Eligibility from the Medical Determination Officer is Required(1) When DMV determines that the Medical Determination Officer must determine a person's continuing eligibility for driving privileges, as described in OAR 735-076-0007(4), DMV will send a Driver Medical Report form (DMV form 735-6587) and notify the person that the person will be required to return the completed form to DMV. DMV must receive the completed form within 60 days of the date on the notice or the person's driving privileges will be suspended. The form must be completed by the driver and by the driver's licensed physician, nurse practitioner or physician associate.(2) The driver may request an extension within the first 30 days of the date of the notice. DMV may grant an extension, not to exceed 60 additional days, if:(a) The person is seriously ill or injured and a physician, nurse practitioner or physician associate requests an extension in writing;(b) The person is temporarily out of state and written request is received from the person; or(c) The person can show that an appointment was requested in a timely manner, but the earliest appointment was unavailable within 60 days of the date of the notice.(3) When received, the Driver Medical Report form (DMV form 735-6587) and any other relevant reports or information in DMV's records will be reviewed by the Medical Determination Officer. The Medical Determination Officer may determine either that the person is medically eligible or medically ineligible for driving privileges. A determination of medical eligibility may include a requirement that the person's motor vehicle be equipped with an appropriate adaptive device(s), such as hand controls.(4) A person determined medically eligible for driving privileges may be required to also pass tests as set forth in OAR 735-076-0010, if DMV has reason to believe that notwithstanding the determination of medical eligibility, the person may not be able to safely operate a motor vehicle. The person will also be required to pass a driving test if the Medical Determination Officer requires that the person's motor vehicle be equipped with an appropriate adaptive device(s), such as hand controls, and before a driving test is given, the person must provide documentation that he or she knows how to use and has practiced with the adaptive device(s).(5) A person who is determined to be medically ineligible for driving privileges must complete the requirements set forth by the Medical Determination Officer, if any, before any subsequent review of medical eligibility can occur.(6) DMV and the Medical Determination Officer will consider newly submitted medical information, at any time, if the reported condition has been resolved and is not likely to recur or if it has been determined that the condition does not affect the person's ability to safely operate a motor vehicle.Or. Admin. Code § 735-076-0018
MV 19-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0405; MV 37-1989, f. & cert. ef. 10-3-89; MV 14-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 14-2002, f. 8-14-02 cert. ef. 9-1-02; DMV 24-2002, f. 12-13-02 cert. ef. 1-1-03: DMV 8-2003, f. 5-14-03, cert. ef. 6-1-03; Renumbered from 735-074-0010; DMV 1-2005, f. & cert. ef. 1-20-05; DMV 14-2005, f. & cert. ef. 5-19-05; DMV 14-2005, f. & cert. ef. 5-19-05; Renumbered from 735-074-0170, DMV 6-2006, f. & cert. ef. 5-25-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021; DMV 37-2020, amend filed 12/11/2020, effective 1/1/2021; DMV 18-2024, minor correction filed 06/10/2024, effective 6/10/2024Statutory/Other Authority: ORS 184.619, 802.010, 807.340 & 809.419
Statutes/Other Implemented: ORS 807.090 & 807.340