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Medically At-Risk Driver Program for Medical Professionals
Overview
This page provides medical professionals with the information and
supporting materials they need to comply with the Oregon DMV's
Medically At-Risk Driver Program, a program under which certain
physicians and other health care providers are required to report
drivers with severe functional or cognitive impairments that cannot
be corrected or controlled by surgery, medication, therapy, a device
or special technique. If you are not a medical professional and/or you would just like general information about the program,
see our Medically At-Risk Driver Program page. If you would like to submit a voluntary report about an
at-risk driver, see our Voluntary Reporting page. If you would like to report an aggressive or
intoxicated driver, see our Reporting a Problem Driver page.
Note: The voluntary reporting system may be utilized by medical professionals that are not required to
report under the Medically At-Risk Driver Program and those who have patients that do not yet meet
the mandatory reporting threshold of severe and uncontrollable issues.
You may use the links below to go directly to any section:
Background Information
Mandatory Reporting Definitions/Descriptions Administrative Rules Supporting Materials/Training
Frequently Asked Questions
Need More Information or Have Questions? Related Information
Background Information
It is the mission of Oregon's Driver and Motor Vehicle Services (DMV) to promote safety for all persons
who travel or otherwise use the public highways of this state. In 1999, the Oregon Legislature's concern
about aging drivers resulted in authorization for DMV to study the effects of aging on driving ability. An
Older Driver Advisory Committee was convened and concluded that chronological age alone does not
represent a valid or reliable criterion for assessing the risk of being involved in a motor vehicle
accident. Similarly, the presence of various medical conditions does not support the conclusion that a
driver lacks the ability to safely operate a motor vehicle.
The work of this group and a subsequent Medical Work Group resulted in a change in the mandatory
reporting program. Prior to June 1, 2003, DMV's mandatory reporting program required the reporting of
any person "diagnosed as having a disorder characterized by momentary or prolonged lapses of
consciousness or control that are or may become chronic." The new mandatory reporting program for
medically at-risk drivers is impairment based and requires reporting of severe and
uncontrollable impairments.
The underlying policy of these rules on medically at-risk drivers is to preserve the independence,
dignity and self-esteem that results from providing one's own mobility, so long as it is possible to do so
without risk to oneself or others. It is also our objective to support the relationship between a primary
care provider (PCP) and a patient. A PCP may assist a patient in recognizing diminishing driving skills,
leading to self-regulation or driving cessation as the patient's condition requires.
Oregon's approach to addressing medical impairments that impact driving is both comprehensive and
fair. DMV's reporting system addresses people with severe and uncontrollable medical impairments that
affect their ability to safely operate a motor vehicle. It does not target people based solely on age, nor
on a medical diagnosis or condition. Mandatory Reporting
General Information:
DMV’s reporting rules were developed to support the primary care provider/patient relationship through
a process that allows a driver to continue driving as long as it is safe. Physicians are in a critical
position to assess impairments, and address underlying causes of functional and cognitive decline.
There may be options available to prolong safe driving. The American Medical Association's Physician
Guide to Assessing and Counseling Older Drivers can assist you with this responsibility.
Patients may be counseled to restrict their driving to familiar routes and daylight hours. AARP sponsors
a driver safety program. A Driver Rehabilitation Specialist can conduct an independent driving analysis
and recommend adaptive devices.
When to Report:
At the point that a patient's impairment becomes severe and uncontrollable, the law requires
the mandatory reporter to report to DMV. Even if their patient has voluntarily agreed to give up
driving, they are mandated to report when the impairment meets the required threshold.
Find
How to Report: Reports must be submitted using the Mandatory Impairment Referral (Form 735-7230), which can be
downloaded or printed from this web site using your browser's "Save As" and "Print" options, or
ordered by fax.
To order the form by fax:
Write a request on your agency’s or organization's letterhead;
Include the form number #735-7230 in your request; and
Fax the request to the ODOT Storeroom at (503) 986-2801.
Note: Forms are provided free of charge.
In order for DMV to process the report, the form must be filled out completely. An example of a
completed form is available.
Be sure to list the underlying medical diagnosis or condition in the space provided on the form, and
specify any other factors that may interfere with the safe operation of a motor vehicle, including drug
and/or alcohol abuse, medications and pertinent test results.
Completed forms may be faxed to (503) 945-5329, or mailed to:
DMV Driver Safety Unit
1905 Lana Ave NE
Salem, OR 97314-4120
Note: Please do not mail a form if you have already faxed it or vice versa.
After Reporting: Upon receipt of a Mandatory Impairment Referral, DMV will thoroughly review the report. In most cases
the individual reported will have their driving privileges suspended. DMV sends a Notice of Suspension
by mail. The suspension is effective 5 days from the date on the notice.
The report submitter will be notified only if the reported individual is not suspended.
Once an individual has been suspended, they can contact DMV and request the opportunity to take
vision, knowledge and drive tests. For cognitive impairments and certain functional impairments, DMV's
Medical Determination Officer will review the medical and driving records of the individual to determine
if the driver should be tested. If tested, an individual must pass all three tests to get their driving
privileges reinstated (in full or on a restricted basis). The Medical Determination Officer will decide
under what conditions driving privileges may be reinstated based upon the medical information
provided. A reported individual can also request a hearing to appeal a suspension. Suspension notices from DMV
provide instructions for this process.
The individual's primary care provider will be notified if their driving privileges are reinstated.
A reported individual can also give up their driving privileges and request a quit driving identification
card.
To inquire about the status of a report, please contact DMV's Driver Safety Unit at (503) 945-5083.
Definitions/Descriptions
Cognitive and Functional Impairments:
Cognitive impairments that are required to be reported include:
Attention
Judgment and Problem Solving
Reaction Time
Planning and Sequencing
Impulsivity
Visio-Spatial
Memory
Loss of Consciousness or Control
Functional impairments that are required to be reported include:
Vision
Peripheral Sensation of Extremities
Strength
Flexibility
Motor Planning and Coordination
Cognitive and Functional Impairments are required to be reported when they reach the following
threshold:
Severe and uncontrollable to a degree that precludes (or may preclude) the safe operation of a
motor vehicle, and;
The impairment is not correctable by medication, therapy, or surgery; or by driving device or
technique.
Mandatory Reporter: Oregon Administrative Rules (735-074-0080) define a Mandatory Reporter as:
A physician or health care provider acting in the capacity of a person’s primary care provider;
A physician or health care provider providing specialized or emergency health care services to a
person who does not have a primary care provider; or
An ophthalmologist or optometrist providing health care services to a person who does not meet
DMV vision standards (OAR 735-062-0050). Administrative Rules
Applicable Rules:
The At-Risk Driver Program - Mandatory Report for Medical Professionals (Division 74) rules deal with
the mandatory reporting by medical professionals to DMV of drivers with a medical condition or
impairment that may affect their ability to safely operate a motor vehicle.
The mandatory reporting program requires physicians and designated health care providers to report
individuals who have a functional or cognitive impairment that is severe and uncontrollable. Physicians
and health care providers may voluntarily report individuals that have not reached the reporting
threshold for the mandatory program, but whom they believe may no longer be safe to drive.
Within five days of receiving a notice, DMV will suspend the driving privileges of individuals reported
under Division 74 rules, if DMV determines that the report contains information that indicates the
person may endanger persons or property if allowed to operate a motor vehicle.
Individuals with a current driver license, who recognize that they are unsafe to drive, will be provided
an identification card at no charge. Individuals who believe that they are able to safely operate a motor
vehicle will be encouraged to contact DMV to take tests to demonstrate that, notwithstanding the
impairment or medical condition, they can safely operate a motor vehicle. DMV will reinstate the driving
privileges of individuals who pass DMV tests. Reported individuals may also request a hearing.
A table of contents for the At-Risk Driver Program - Mandatory Report for Medical Professionals
(Division 74) Rules is provided below:
OAR
Section/Description
735-074-0050
Policy and Objective
735-074-0060
Purpose
735-074-0070
Authority to Obtain Medical Information and DMV Use of Medical Information
735-074-0080
Definitions
735-074-0090
Physicians and Health Care Providers Required to Report to DMV
735-074-0100
Report of Visual Acuity or Field of Vision not Meeting DMV Standards
735-074-0110
Severe and Uncontrollable Impairments that must be Reported to DMV
735-074-0120
The Mandatory Report to DMV
735-074-0130
Standards for Identifying How Impairments Affect Driving
735-074-0140
DMV Response to Mandatory Report-Suspension, Opportunity to Re-Test,
Reinstatement
735-074-0180
When a Suspension or Cancellation of Driving Privilege Occurs
735-074-0190
Tests Required
735-074-0200
Testing Process
735-074-0210
Restricted Licenses
735-074-0212
Restricted Applicant Temporary Permit
735-074-0220
Hearing Request for Suspension or Cancellation of Driving Privileges
History of Rules:
In 1999, the Oregon Legislature approved House Bill 2446, authorizing DMV to convene a committee to
study the effects of aging on driving ability.
The committee met over the course of two years and developed a set of 26 comprehensive
recommendations, which were presented to the 2001 Legislature. The members of the Older Driver
Advisory Committee concluded that chronological age alone does not represent a valid or reliable
criterion for assessing risk of being involved in a motor vehicle accident. Similarly, the presence of
various medical conditions does not support the conclusion that a driver lacks the ability to safely
operate a motor vehicle.
DMV submitted legislation arising from the Older Driver Advisory Committee’s report, House Bill 3071,
which was approved during Oregon’s 2001 Legislative Session. This legislation states that
determinations regarding a person’s ability to safely operate a motor vehicle may NOT be based solely
on diagnosis of a medical condition, but must be based on the actual effect of a cognitive or functional
impairment on the person’s ability to safely operate a motor vehicle.
A twelve-member Medical Work Group, comprised of both physicians and health care providers, was
recruited to work in consultation with DMV to identify cognitive and functional impairments likely to
affect a person’s ability to safely operate a motor vehicle, and to designate physicians and health care
providers required to report a person demonstrating these impairments to DMV.
Based on recommendations from the Medical Work Group, DMV developed Administrative Rules. Public
hearings on DMV’s new mandatory medical reporting rules were held during February and March, 2003.
The rules were finalized and sent to the Oregon Transportation Commission for approval in May.
The new medical reporting rules went into effect in six Oregon counties in June, 2003 and was
subsequently phased in over 12 months. The entire state became subject to the new requirements on
June 1, 2004. Supporting Materials/Training
Use the links below to access supporting materials:
Forms, Brochures & Training Materials Liability, Confidentiality & HIPAA Compliance
Transportation Options:
Oregon Area Agencies on Aging - Local area agencies concerned with aging can help
connect people with needed social services in their community, including transportation.
You may find a local office by looking up your county. ODOT Trip Check - Click on the Transportation Options to discover how to travel around
the state without a personal car.
Frequently Asked Questions
Use the links below to access frequently asked questions and answers:
At Risk Driver Program FAQs Mandatory Reporting FAQs Voluntary Reporting FAQs Need More Information or Have Questions?
If you have questions or need more information you may contact the DMV Driver Safety Unit at (503)
945-5083, the At-Risk Driver Unit at (503) 945-5295, or submit an online inquiry.
Related Information
Additional information that may be relevant includes:
How Do I...? Limited Vision Condition Program
Related Web Sites:
AAA Foundation for Traffic Safety Senior Drivers - Tips to keep senior drivers safe behind
the wheel. American Association of Retired Persons (AARP) Driver Safety Program - Classroom
course designed for mature drivers, ages 50 and older. Provides a review of safe driving
skills and how to adjust driving habits in relation to changes in cognitive and functional
abilities. American Medical Association (AMA) - Access to the "Physician Guide to Assessing and
Counseling Older Drivers", a comprehensive resource for physicians, developed to keep
patients safely mobile for as long as possible. Covers driver assessment, rehabilitation
and counseling. Contact the AMA for order information. Association of Driver Rehabilitation Specialists (ADED) - Can assist with finding a driver
rehabilitation specialist in your area. Grand Driver Information - General information and resources on aging and driving site
sponsored by the American Association of Motor Vehicle Administrators (AAMVA). National Association of Private Geriatric Case Managers (NAPGCM) - A geriatric case
manager can assist individuals or families arrange long-term care, including
transportation. Web site access allows location of a Care Manager by state, zip code or
experience in a particular area. National Highway Transportation Safety Administration (NHTSA) - Provides resources for
drivers, medical providers, law enforcement and others on issues related to medical
conditions and safe driving.
Oregon Medical Association - Provides information on the organization's Medically At-Risk
Driver Program, on the Health Insurance Portability and Accountability Act (HIPAA), and
status of legislation protecting a physician from not reporting a medically at-risk driver.
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