28-3005

28-3005. Medical or psychological reports;
immunity; definitions

A. For medical conditions, a physician or registered nurse practitioner, for
psychological conditions, a psychologist, physician, psychiatric mental health nurse
practitioner or substance abuse counselor who provides information to the director in
good faith and at the written request of a driver license applicant or licensee
concerning a person's medical or psychological condition with respect to operation of a
motor vehicle is immune from personal liability with respect to the information provided.

B. Notwithstanding the physician-patient, nurse-patient or psychologist-client
confidentiality relationship, a physician, registered nurse practitioner or psychologist
may voluntarily report a patient to the department who has a medical or psychological
condition that in the opinion of the physician, registered nurse practitioner or
psychologist could significantly impair the person's ability to safely operate a motor
vehicle. If a report is made, the physician, registered nurse practitioner or
psychologist shall make the report in writing, including the name, address and date of
birth of the patient. On receipt of the report, the department may require an
examination of the person reported in the manner provided by section 28-3314. A person
shall not bring an action against a physician, registered nurse practitioner or
psychologist for not making a report pursuant to this subsection. The physician,
registered nurse practitioner or psychologist submitting the report in good faith is
immune from civil or criminal liability for making the report pursuant to this
subsection. The physician's, registered nurse practitioner's or psychologist's report is
subject to subpoena or order to produce in an action except an action against the
physician, registered nurse practitioner or psychologist submitting the report.

C. In this section:

1. "Medical or psychological condition" means a condition that could affect a
person's functional ability to safely operate a motor vehicle.

2. "Physician" means a medical doctor, optometrist, chiropractor, naturopathic
physician, doctor of osteopathy or doctor of homeopathy who is licensed to practice in
this state or another state or who is employed by the federal government and practicing
in this state or their agents.

3. "Psychiatric mental health nurse practitioner" means a person certified as a
registered nurse practitioner in a psychiatric mental health specialty area under the
provisions of title 32, chapter 15.

4. "Psychologist" means a person who is licensed pursuant to title 32, chapter
19.1, who is licensed to practice psychology in another state or who is employed by the
federal government and practicing in this state.

5. "Registered nurse practitioner" has the same meaning prescribed in section
32-1601.

6. "Substance abuse counselor" means a person who is licensed by the board of
behavioral health examiners in this state, who is licensed or certified in another state,
who is certified by a board for certification of addiction counselors, who is a
nationally certified addiction counselor or who is employed by the federal government and
practicing in this state.