Or. Admin. Code § 735-070-0082 - Medical Exemption from IID Requirement
(1) A person may qualify for a medical
exemption from the ignition interlock device (IID) requirement under ORS
813.602(1) and
(2) if the person provides satisfactory
evidence to DMV that due to a medical condition or impairment the person is
unable to operate an IID or unable to safely operate a motor vehicle equipped
with an IID. The following definitions apply:
(a) A "health care provider" is a person
licensed, certified or otherwise authorized or permitted by law to administer
health care in the State of Oregon. For purposes of these rules, the term
health care provider is limited to: a chiropractic physician, nurse
practitioner, and physician associate.
(b) A "primary care provider" is a physician
or health care provider who is responsible for supervising, coordinating and
providing a person's initial and ongoing health care.
(c) "Unable to safely operate a motor vehicle
equipped with an IID" means the person's medical condition or functional
impairment prevents the person from safely operating a motor vehicle when
requested to perform an IID rolling retest while operating a motor vehicle
equipped with an IID.
(2) To apply for a medical exemption a person
must submit a completed IID Medical Exemption form (DMV form 735-6941). The
form must be completed by both the person and the person's primary care
provider or the physician or health care provider providing specialized
treatment to the person for the particular medical condition or functional
impairment that prevents the person from operating an IID or prevents the
person from safely operating a motor vehicle equipped with an IID.
(3) The person must fully complete the
information in Section 1 of the IID Medical Exemption form, including:
(a) The reason(s) the person is required to
install an IID; and
(b) An
explanation of why the person believes he or she has a medical condition or
functional impairment that prevents the operation of an IID or prevents safe
operation of a vehicle equipped with an IID.
(4) Section 2 of the IID Medical Exemption
form must be completed by the person's primary care provider, or a physician or
health care provider providing specialized treatment to the person for a
medical condition or functional impairment that prevents the person from
operating an IID or prevents the person from safely operating a motor vehicle
equipped with an IID. The physician or health care provider must determine that
in his or her professional opinion the person is unable to operate an IID or is
unable to safely operate a vehicle equipped with an IID because of the person's
medical condition or functional impairment, including but not limited to a
determination that:
(a) The person has a
medical condition or functional impairment that does not allow the person to
provide the necessary alveolar air or deep lung air sample to properly operate
the device; or
(b) The person
consistently has a ketone level in his or her breath which creates a false
positive reading of over .020 blood alcohol concentration even though the
person has had no alcohol.
(5) If the determination of the physician or
health care provider described in section (4) of this rule is not based on
subsection (a) or (b), the physician or health care provider must provide a
detailed description of why the medical condition or functional impairment
prevents the person from operating an IID or prevents the person from safely
operating a motor vehicle equipped with an IID.
(6) In completing Section 2 of the IID
Medical Exemption form, the physician or health care provider must:
(a) Specify the medical condition or
functional impairment that prevents the person from operating an IID or
prevents the person from safely operating a vehicle equipped with an
IID;
(b) State whether the medical
condition or functional impairment is permanent or temporary, and if temporary,
the projected length of time; and
(c) Specify why the medical condition or
functional impairment prevents the person from operating an IID or prevents the
person from safely operating a motor vehicle equipped with an IID.
(7) From the information provided
on the IID Medical Exemption form, DMV will determine if the person qualifies
for a medical exemption. If DMV determines from the information on the form
that the person qualifies, DMV will issue a medical exemption. If DMV is unable
to determine from the information provided that the person qualifies, DMV will
deny the medical exemption.
(8) If
the person's medical condition or functional impairment is temporary, DMV will
issue a temporary IID medical exemption that expires on the date specified in
Section 2 of the IID Medical Exemption form, or a date six months from the date
of issuance if no date is provided. If the temporary condition or functional
impairment continues beyond the expiration date of the temporary IID medical
exemption, the person may submit a signed statement from the physician or
health care provider who completed the Request for IID Medical Exemption form
describing the person's continuing need for a medical exemption, or the person
may submit a new application as set forth in sections (2) through (4) of this
rule. From the information submitted DMV will determine if the person continues
to qualify for a temporary IID medical exemption.
(9) Before granting or denying an IID medical
exemption, DMV may require the person to provide additional information from a
physician or health care provider or to obtain a statement from an IID provider
that the device cannot be adjusted to accommodate the person's medical
condition or functional impairment.
(10) A person who is granted an IID medical
exemption by DMV will be issued a medical exemption letter. The person must
carry the IID medical exemption letter issued by DMV when driving.
(11) A person who must install and use an IID
as a condition of a DUII diversion agreement must obtain an IID medical
exemption from the court. The person must submit a completed IID Medical
Exemption form directly to the court that approved the DUII diversion
agreement. The court must approve or deny the IID medical exemption request.
DMV will not forward an IID Medical Exemption form to a court if it is
submitted to DMV in error.
(12) A
person may need both an IID medical exemption letter issued by DMV and an IID
medical exemption approval issued by a court. An IID medical exemption letter
issued by DMV is not valid if the person is required to install an IID as a
condition of a DUII diversion. A medical exemption issued by a court is not
valid if the requirement to install and use an IID is required for any reason
other than a DUII diversion agreement. Both an IID medical exemption letter
issued by DMV and IID medical exemption approval issued by a court must be
carried by the person when driving.
(13) DMV may use a court-issued IID medical
exemption letter to terminate an IID requirement at the end of the diversion
agreement if there is no indication of either:
(a) The exemption granted by the court being
temporary; or
(b) Prior to the end
of the diversion agreement the person was required to install an ignition
interlock device.
Notes
Statutory/Other Authority: ORS 184.616, 184.619, 802.010 & 813.602
Statutes/Other Implemented: ORS 813.602
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.