HB783

SECTION 1. Section 286-119, Hawaii Revised Statutes, is amended to read as follows:

"§286-119 Authority of examiner of drivers to suspend or revoke licenses. (a) The examiner of drivers may suspend any driver's license without hearing when the examiner has reasonable cause to believe that the licensee is incompetent to operate the type of motor vehicle for which the licensee holds a license or is afflicted with mental or physical infirmities or disabilities which would make it unsafe for the licensee to operate a motor vehicle of the type for which the licensee is licensed. When the examiner of drivers suspends a license under this section, the examiner shall immediately notify the licensee and afford the licensee a hearing. After the hearing, the examiner of drivers may rescind the suspension, or the examiner may suspend the license for a further period or revoke the license. Any person whose license has been suspended or revoked under this section may appeal under section 286-129.

(b) The examiner of drivers shall have reasonable cause to believe that an operator of a motor vehicle is incompetent to operate the type of motor vehicle for which the licensee holds a license on the basis of, but not limited to, a report by:

(1) Any law enforcement officer;

(2) Any professional licensed under chapters 442 (chiropractors), 453 (medical professionals), 453D (mental health counselors), 461J (physical therapists), 465 (psychologists), or 467E (social workers); or

(3) Any member of the operator's family within three degrees of consanguinity, or the operator's spouse, who has reached the age of eighteen, except that no person may report the same family member pursuant to this section more than one time during a twelve month period.

(c) Any professional licensed under chapters 442, 453, 453D, 461J, 465, or 467E may report to the examiner of drivers any patient diagnosed or assessed as having a disorder or condition that may prevent such person from safely operating a motor vehicle. Such report shall state the diagnosis or assessment and whether the condition is permanent or temporary. The existence of a physician-patient relationship shall not prevent the making of a report by such professionals.

(d) Any person who makes a report in good faith pursuant to this section shall be immune from any civil liability that might otherwise result from making the report. All reports made and all medical records reviewed and maintained by the examiner of drivers shall be kept confidential except upon order of a court of competent jurisdiction or in an appeal of the examiners' action under section 286-129.

(e) The examiner of drivers shall develop a standardized form and provide guidelines for the reporting of cases under this section.

(f) Any person who knowingly violates a confidentiality provision of this section or who knowingly permits or encourages the unauthorized use of a report or reporting person's name in violation of this section shall be guilty of a class C felony and shall be liable for damages which proximately result.

(g) Any person who intentionally files a false report under this section shall be guilty of a misdemeanor and shall be liable for damages which proximately result.

(h) An individual whose condition in temporary in nature as reported shall have the right to petition the examiner of drivers for total or partial reinstatement of his or her license. Such request shall be made on a form prescribed by the examiner of drivers and accompanied by a statement from a professional licensed under chapters 442, 453, 453D, 461J, 465, or 467E who has the same type of license as the professional who made the initial report resulting in the suspension or revocation of the drivers' license. Such petition shall be decided by the examiner of drivers within thirty days of the receipt of the petition. Such decision by the examiner of drivers is subject to appeal under section 286-129."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	783
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII