8-255c. No duty to report information to division or medical advisory board; nonliability for reports of information; information to be kept confidential.
8-255c
8-255c. No duty to report information to division or
medical advisory board; nonliability
for reports of information; information to be kept confidential.
(a) No person
reporting to the division or to the medical advisory board in good faith any
information that any such person may have relating to the mental or physical
condition of an applicant for or a holder of a driver's license shall be
subject to a civil
action for damages as a result of reporting such information.
Nothing in this section shall be construed to create a duty to report, nor
shall a physician or
optometrist be required by law to report
information to the
division
or to the medical advisory board as to the mental or physical condition of any
patient.
(b) A physician or optometrist may report to the division or to the
medical
advisory board any person diagnosed or assessed as having a disorder or
condition that in such physician's or optometrist's professional judgment
could prevent such person from safely operating a motor vehicle
or could constitute an immediate and serious danger to the public. Such report
shall state the diagnosis or assessment and whether the condition is likely to
be permanent or temporary. The existence of a privilege
pursuant to K.S.A. 60-427, and amendments thereto, shall not prevent a
physician or optometrist from making a report. All reports made to, and all
medical records reviewed and maintained by, the division pursuant to this
section shall be kept confidential and shall not be disclosed except upon the
order of a court of competent jurisdiction, pursuant to the request of the
division or medical advisory board and shall not be subject to subpoena,
discovery or other demand in any other administrative, criminal or civil
matter.
History: L. 1982, ch. 41, § 4;
L. 1993, ch. 100, § 1;
L. 2004, ch. 155, § 2; July 1.