302.291. Incompetent or unqualified operators, director may require examination, when--report permitted, when, by whom, contents, immunity from liability--confidentiality, penalty--rules--appeal--rein
Incompetent or unqualified operators, director may requireexamination, when--report permitted, when, by whom, contents,immunity from liability--confidentiality,penalty--rules--appeal--reinstatement.
302.291. 1. The director, having good cause to believe that anoperator is incompetent or unqualified to retain his or her license, aftergiving ten days' notice in writing by certified mail directed to suchperson's present known address, may require the person to submit to anexamination as prescribed by the director. Upon conclusion of theexamination, the director may allow the person to retain his* or herlicense, may suspend, deny or revoke the person's license, or may issue theperson a license subject to restrictions as provided in section 302.301.If an examination indicates a condition that potentially impairs safedriving, the director, in addition to action with respect to the license,may require the person to submit to further periodic examinations. Therefusal or neglect of the person to submit to an examination within thirtydays after the date of such notice shall be grounds for suspension, denialor revocation of the person's license by the director, an associate circuitor circuit court. Notice of any suspension, denial, revocation or otherrestriction shall be provided by certified mail. As used in this section,the term "denial" means the act of not licensing a person who is currentlysuspended, revoked or otherwise not licensed to operate a motor vehicle.Denial may also include the act of withdrawing a previously issued license.
2. The examination provided for in subsection 1 of this section mayinclude, but is not limited to, a written test and tests of driving skills,vision, highway sign recognition and, if appropriate, a physical and/ormental examination as provided in section 302.173.
3. The director shall have good cause to believe that an operator isincompetent or unqualified to retain such person's license on the basis of,but not limited to, a report by:
(1) Any certified peace officer;
(2) Any physician, physical therapist or occupational therapistlicensed pursuant to chapter 334, RSMo; any chiropractic physician licensedpursuant to chapter 331, RSMo; any registered nurse licensed pursuant tochapter 335, RSMo; any psychologist or social worker licensed pursuant tochapter 337, RSMo; any optometrist licensed pursuant to chapter 336, RSMo;or
(3) Any member of the operator's family within three degrees ofconsanguinity, or the operator's spouse, who has reached the age ofeighteen, except that no person may report the same family member pursuantto this section more than one time during a twelve-month period.
The report must state that the person reasonably and in good faith believesthe driver cannot safely operate a motor vehicle and must be based uponpersonal observation or physical evidence which shall be described in thereport, or the report shall be based upon an investigation by a lawenforcement officer. The report shall be a written declaration in the formprescribed by the department of revenue and shall contain the name,address, telephone number, and signature of the person making the report.
4. Any physician, physical therapist or occupational therapistlicensed pursuant to chapter 334, RSMo, any chiropractor licensed pursuantto chapter 331, RSMo, any registered nurse licensed pursuant to chapter335, RSMo, any psychologist or social worker licensed pursuant to chapter337, RSMo, or any optometrist licensed pursuant to chapter 336, RSMo, mayreport to the department any patient diagnosed or assessed as having adisorder or condition that may prevent such person from safely operating amotor vehicle. Such report shall state the diagnosis or assessment andwhether the condition is permanent or temporary. The existence of aphysician-patient relationship shall not prevent the making of a report bysuch medical professionals.
5. Any person who makes a report in good faith pursuant to thissection shall be immune from any civil liability that otherwise mightresult from making the report. Notwithstanding the provisions of chapter610, RSMo, to the contrary, all reports made and all medical recordsreviewed and maintained by the department of revenue pursuant to thissection shall be kept confidential except upon order of a court ofcompetent jurisdiction or in a review of the director's action pursuant tosection 302.311.
6. The department of revenue shall keep records and statistics ofreports made and actions taken against driver's licenses pursuant to thissection.
7. The department of revenue shall, in consultation with the medicaladvisory board established by section 302.292, develop a standardized formand provide guidelines for the reporting of cases and for the examinationof drivers pursuant to this section. The guidelines shall be published andadopted as required for rules and regulations pursuant to chapter 536,RSMo. The department of revenue shall also adopt rules and regulations asnecessary to carry out the other provisions of this section. The directorof revenue shall provide health care professionals and law enforcementofficers with information about the procedures authorized in this section.The guidelines and regulations implementing this section shall be incompliance with the federal Americans with Disabilities Act of 1990.
8. Any person who knowingly violates a confidentiality provision ofthis section or who knowingly permits or encourages the unauthorized use ofa report or reporting person's name in violation of this section shall beguilty of a class A misdemeanor and shall be liable for damages whichproximately result.
9. Any person who intentionally files a false report pursuant to thissection shall be guilty of a class A misdemeanor and shall be liable fordamages which proximately result.
10. All appeals of license revocations, suspensions, denials andrestrictions shall be made as required pursuant to section 302.311 withinthirty days after the receipt of the notice of revocation, suspension,denial or restriction.
11. Any individual whose condition is temporary in nature as reportedpursuant to the provisions of subsection 4 of this section shall have theright to petition the director of the department of revenue for total orpartial reinstatement of his or her license. Such request shall be made ona form prescribed by the department of revenue and accompanied by astatement from a health care provider with the same or similar license asthe health care provider who made the initial report resulting in thelimitation or loss of the driver's license. Such petition shall be decidedby the director of the department of revenue within thirty days of receiptof the petition. Such decision by the director is appealable pursuant tosubsection 10 of this section.
(L. 1951 p. 678 § 302.290, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1998 H.B. 1536, A.L. 1999 H.B. 185)*Word "his" does not appear in original rolls.
(1963) There was good cause for order on 82-year-old woman to appear for examination based upon official report of the highway patrol, actual observation of defective driving, complaints from others, and woman's age, and therefore revocation of her license, after she failed to appear for examination, and dismissal of her petition for review of revocation was not abuse of discretion. Wilson v. Morris (Mo.), 369 S.W.2d 402.
(1975) Statement of opinion by highway patrolman not containing any facts on which such opinion was based is not sufficient to require examination under this section. Haynes v. Williams (A.), 522 S.W.2d 623.