General Assembly: 84 (2011 Regular GA) - Chapter 5 - Motor vehicle operator competency screening — reports by advanced registered nurse practitioners and physician assistants


Published: 2011-03-30

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CHAPTER 5 MOTOR VEHICLE OPERATOR COMPETENCY SCREENING — REPORTS BY ADVANCED

REGISTERED NURSE PRACTITIONERS AND PHYSICIAN ASSISTANTS

S.F. 149

AN ACT allowing the department of transportation to accept reports from advanced registered nurse practitioners and physician assistants disclosing a physical or mental condition that renders a person incompetent to operate a motor vehicle.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 321.186, subsection 4, Code 2011, is amended to read as follows: 4. A physician licensed under chapter 148, an advanced registered nurse practitioner

licensed under chapter 152 and registered with the board of nursing, a physician assistant licensed under chapter 148C, or an optometrist licensed under chapter 154 may report to the department the identity of a person who has been diagnosed as having a physical or mental condition which would render the person physically or mentally incompetent to operate a motor vehicle in a safe manner. The physician, advanced registered nurse practitioner, physician assistant, or optometrist shall make reasonable efforts to notify the person who is the subject of the report, in writing. The written notification shall state the nature of the disclosure and the reason for the disclosure. A physician, advanced registered nurse practitioner, physician assistant, or optometrist making a report under this section shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed as a result of the report. A physician, advanced registered nurse practitioner, physician assistant, or optometrist has no duty to make a report or to warn third parties with regard to any knowledge concerning a person’s mental or physical competency to operate a motor vehicle in a safe manner. Any report received by the department from a physician, advanced registered nurse practitioner, physician assistant, or optometrist under this section shall be kept confidential. Information regulated by chapter 141A shall be subject to the confidentiality provisions and remedies of that chapter.

Approved March 30, 2011

Tue Oct 23 13:59:17 2012 1/ 1