Questions & Answers
Physician Reporting of Impaired Drivers
In Missouri:
Do the laws relating to driver licensing
mandate that a physician report a patient having a condition
that makes driving a motor vehicle unsafe to the director
of revenue or Drivers License Bureau?
The law does not require that physicians report such drivers
or suffer a penalty. Section 302.291, RSMo does, however,
authorize such reporting. Any legal obligations for such
reporting remain those that are related to the physician's
legal and ethical obligation to patient safety and the
safety of the general motoring public.
If a physician wants to report a patient who has a
condition making driving unsafe, is there any legal protection
for the physician making the report?
Yes. After January 1, 1999, section 302.291.5, RSMo, provides
the physician who reports a patient in good faith with
civil immunity from any damages that might otherwise arise
from making such a report.
Will any report by the physician become public record
once it is made to the director of revenue or Drivers
License Bureau?
No. The law has now been changed to make these records
confidential and the records will only be released pursuant
to court order or if the license action taken by the director
is being reviewed by the court and such records are necessary
for the court review.
What action will the director take if the physician
reports a patient has a condition making driving unsafe?
If the director receives information from the physician
indicating that a medical condition has made the driver
unsafe, the director will notify the driver that the current
license will be revoked after ten days unless the driver
presents medical examination information indicating any
change in condition.
If the physician believes the condition may only be
temporary , and the driver may be able to drive safely
at some future time, should he/she indicate that in the
report made to the director?
Yes. The law provides if the physician reports a temporary
condition, the individual may petition the director for
total or partial reinstatement of his/her license if the
condition improves and the individual submits a medical
report from that physician, or a physician with the same
or similar license, as the physician who made the initial
report indicating the condition will now allow for safe
driving.
If the driver is required by the director to submit
to a medical examination, how long is the driver given
to complete the examination?
The driver is given an initial period of 30 days, but
for good cause, may be granted additional time if needed.
May the director require both a physical and driving
examination?
Yes. Pursuant to section 302.291, RSMo, the director may
require whatever examinations are necessary to determine
the driver's continued ability to safely operate a motor
vehicle.
Is there a form that the director furnishes for the
physician to use in reporting such patients?
Yes. The director has developed the Physician's Statement
(form DOR-1528) for physicians to use in making such reports.
The physician is not required to only use this form; however,
the form was designed for ease in use and to ensure the
director has all the necessary information to take proper
action regarding the driver.
How may the physician obtain such forms?
The Physician's Statement (form DOR-1528) is available
from the Drivers License Bureau at the address shown or
on our website.
Does the director have any medical personnel to assist
in developing guidelines, or if necessary , to help evaluate
medical information?
Yes. Section 302.292, RSMo, established a Medical Vision
Advisory Board (MVAB). The board advises the director
on medical criteria for the reporting and examination
of drivers with medical impairments. The MVAB is composed
of three licensed physicians who are residents of the
state and are appointed by the director of revenue.
If the physician has questions regarding the form or
the reporting process, who should they contact?
A physician may contact the:
Drivers License Bureau P. 0. Box 200
Jefferson City, MO 65105-0200
Telephone: (573) 751-2730 fax: (573) 522-1037
E--mail: dlbmail@mail.state.mo.us
Website: http://dor.state.mo.us/dmv/dlforms.htm
When you have completed the Physician's Statement, please
forward it to the above address.
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Questions & Answers
How to Report an Unsafe Driver
In Missouri:
If I know someone who I believe is no longer
able to drive safely, what do I need to do to get the driver
re-tested or checked on?
You may report the information about the driver which you
believe makes the driver unsafe to the director of revenue.
You should use the Driver Condition Report (form DOR-4319)
which is available in all branch and fee offices. You must
have personally observed or know the information about the
driver you are reporting.
Are there only certain persons who may ask to have a
driver rechecked to see if they are safe to drive?
The law provides a list of persons who may report unsafe
drivers such as: physicians, law enforcement personnel,
social workers, therapists and immediate family of the driver.
However, if the director has good cause to believe a driver
may be unsafe to operate a motor vehicle, from any source,
he may further investigate and if necessary require appropriate
testing or license restrictions.
What type of information is needed?
Identification:
You must provide information to help the director identify
the driver you are reporting such as: name, date of birth,
driver license number, current address and license plate
number for the vehicle being operated.
Unsafe Driving Behavior:
You will need to give as many details as possible about
how the driver is unsafe such as: any traffic violations,
accidents and dangerous driving habits.
Condition of Driver:
You will need to report any problems the driver has that
may affect safe driving such as:
--problems moving legs, arms or head
--losing consciousness
--dementia or mental confusion
--vision problems
--any problems with alcohol and drug use
Must I identify myself in order to report an unsafe driver?
Yes; however, this information will be kept confidential
and will not be released except if required by a court.
Could I have any liability if I report a driver I think
may be unsafe?
There is immunity from liability if the report is made in
good faith. If the report is deliberately made with false
knowledge, it is a class A misdemeanor.
May I report an unsafe driver by telephone rather than
filling out the form?
No. The law requires that the re- port must be in writing.
Where do I send the report when it is completed?
You should send the report to:
Drivers License Bureau
P. 0. Box 200
Jefferson City, MO 65105-0200
How will the director decide what testing or restrictions
to require?
The director will examine all the information provided in
the report and, if necessary, investigate further to get
additional information needed to determine what testing
or restrictions should apply. For example, if the information
indicates the driver may have a physical condition that
interferes with driving, a physical examination may be required.
If there has been a loss of mobility, a driving test to
evaluate appropriate restrictions may be required.
How is the driver notified?
The driver is notified by certified mail of the required
test(s) and given 30 days to complete them and return the
results to the Drivers License Bureau.
What action may the director take based on the test results?
The director may allow the driver to keep his/her license,
revoke, suspend or deny the license or may add any needed
restrictions.
Is there any appeal the driver may take if his or her
license is revoked, suspended or denied?
The driver may appeal any revocation, suspension or denial
to the circuit court in the county of residence within 30
days of the date of mailing of the notice.
The Driver Condition Report (form DOR-4319) is available
in any Department of Revenue Branch and Fee License Office;
on our website at dor.state.mo.us/dmv/dlforms.htm or you
may call (573) 751-2730 to request the form. Please send
the completed and signed form to the following address:
Missouri Department of Revenue Drivers License Bureau
PO Box 200
Jefferson City I MO 65105-0200
Fax: (573) 522-1037
E-mail: dlbmail@mail.state.mo.us
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