Or. Admin. R. 735-074-0080 - Definitions
(1) "DMV" means the
Driver and Motor Vehicle Services Division of the Oregon Department of
Transportation.
(2) A "health care
provider" has the meaning set forth in ORS
807.710
and, for the purpose of these rules, OAR 735, division 074, is limited to a
chiropractic physician, nurse practitioner, occupational therapist, physical
therapist, optometrist, physician assistant and podiatric physician or
surgeon.
(3) "Immediate suspension
or cancellation" means the suspension or cancellation of driving privileges or
the right to apply for driving privileges before the person is given an
opportunity for a hearing to contest the suspension or cancellation.
(4) "Mandatory reporting or a mandatory
report" is a report of severe and uncontrollable cognitive or functional
impairments, submitted by a physician or designated health care provider as
mandated under ORS
807.710
and these rules. DMV also has a non-mandatory reporting program that can be
used by anyone, including physicians and health care providers, that reports
medical issues or driving behaviors that may affect the person's ability to
safely operate a motor vehicle. The non-mandatory reporting program is outlined
in OAR chapter 735, division 76.
(5) "Medical Determination Officer" means a
physician, nurse practitioner or physician assistant, licensed to provide
health care services by the State of Oregon, and employed or designated by DMV
to make medical determinations of a person's medical eligibility for driving
privileges.
(6) A "Driver Medical
Report form" means the form provided to a person or designated by DMV to be
used to obtain medical information for determining if the person is eligible or
qualified for driving privileges.
(7) A "physician" has the meaning set forth
in ORS
807.710.
(8) A "primary care provider" means a
physician or health care provider who is responsible for supervising,
coordinating and providing a person's initial and ongoing health care. A
primary care provider initiates referrals for health care outside of his or her
scope of practice, consultations and specialist care to assure continuity of a
person's medically appropriate health care.
(9) "Primary and secondary driving controls"
mean the steering wheel, gas pedal, brake, clutch (if applicable), turn signal
controls, headlight controls, windshield wiper controls, defrost control and
horn of a motor vehicle.
(10)
"Recertification" or "recertify" means the process for requiring the person to
reestablish eligibility at periodic intervals by submitting updated medical or
vision information and possibly proving that the mental or physical condition
or impairment does not affect their ability to safely operate a motor vehicle
by passing DMV tests, receiving a determination of eligibility from the Medical
Determination Officer, or both.
(11) "Severe" means that the impairment
substantially limits a person's ability to perform activities of daily living,
including driving, because it is not controlled or compensated for by
medication, therapy, surgery or adaptive devices. Severe does not include a
temporary impairment for which the person is being treated by a physician or
health care provider and which is not expected to last more than six
months.
(12) "Uncontrollable" means
the impairment persists despite efforts to control or compensate for it by
medication, therapy, surgery, or adaptive devices. Uncontrollable does not
include an impairment for which treatment by medication, therapy, surgery or
adaptive devices is currently under evaluation.
Notes
Statutory/Other Authority: ORS 184.619, 802.010 & 807.710
Statutes/Other Implemented: ORS 807.710
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