23-07-01.1. Reporting of physical or mental disorders.
321 words·~1 min read·
/nd/title-23/chapter-23-07-reportable-diseases/23-07-01-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The department of health and human services shall define disorders characterized by lapses of consciousness, gross physical or mental impairments for the purposes of the reports hereinafter referred to:
1. A physician or other health care provider may report immediately to the department of
transportation in writing, the name, date of birth, and address of every individual
fourteen years of age or over coming before them for examination, attendance, care,
or treatment if there is reasonable cause to believe that the individual due to physical
or mental reason is incapable of safely operating a motor vehicle or diagnosed as a
case of a disorder defined as characterized by lapses of consciousness, gross
physical or mental impairments, and the report is necessary to prevent or lessen a
serious and imminent threat to the health or safety of the individual or the public.
2. Such reports as required in this section are for the information of the director of the
department of transportation in determining the eligibility of any person to operate a
motor vehicle on the highways of this state and must be kept confidential and not
divulged to any person or used as evidence in any trial, except that the reports may be
admitted in proceedings under section 39-06-33.
3. The physician-patient privilege provided for by rules 501 and 503 of the North Dakota
Rules of Evidence may not be asserted to exclude evidence regarding the mental or
physical incapacity of a person to safely operate a motor vehicle in the reports as
required under the provisions of this section.
4. Any physician or other medical professional who fails to make a report or who in good
faith makes a report, gives an opinion or recommendation pursuant to this section, or
participates in any proceeding founded upon this section is immune from any liability,
civil or criminal, that might otherwise be incurred, as a result of such report, except for
perjury.