Section 302.205

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

Effective - 31 Jul 2021, see footnote   

  302.205.  Medical alert notation on driver's license or nondriver's identification card, when — procedure — rulemaking authority. — 1.  Any resident of this state may elect to have a medical alert notation placed on the person's driver's license or nondriver's identification card.  The following conditions, illnesses, and disorders may be recorded on a driver's license or nondriver's identification card as medical alert information at the request of the applicant:

  (1)  Posttraumatic stress disorder;

  (2)  Diabetes;

  (3)  Heart conditions;

  (4)  Epilepsy;

  (5)  Drug allergies;

  (6)  Alzheimer's or dementia;

  (7)  Schizophrenia;

  (8)  Autism; or

  (9)  Other conditions as approved by the director of the department of revenue or his or her designee.

  2.  Any person requesting the inclusion of a medical alert notation on his or her driver's license or nondriver's identification card shall submit an application form to include a waiver of liability for the release of any medical information to the department, any person who is eligible for access to such medical information as recorded on the person's driving record under this chapter, and any other person who may view or receive notice of such medical information by virtue of having seen such person's driver's license or nondriver's identification card.  Such application shall advise the person that he or she will be consenting to the release of such medical information to anyone who sees or copies his or her driver's license or nondriver's identification card, even if such person is otherwise ineligible to access such medical information under state or federal law.

  3.  Such application shall include space for a person requesting the inclusion of a medical alert notation on his or her driver's license or nondriver's identification card to obtain a sworn statement from a person licensed to practice medicine or psychology in this state verifying such diagnosis.

  4.  Any person who has been issued a driver's license or nondriver's identification card bearing medical alert information may be issued a replacement driver's license or nondriver's identification card excluding such medical alert information at his or her request and upon payment of the fee provided in this chapter for replacement of lost licenses or identification cards.

  5.  No medical alert information shall be printed on or removed from a driver's license or nondriver's identification card without the express consent of the licensee.  If the licensee is a child under the age of eighteen, consent for the printing of medical alert information shall be provided by the parent or guardian of the child when he or she signs the application for the driver's license or nondriver's identification card.  If the licensee is an incapacitated adult, consent for the printing of medical alert information shall be given by the guardian of such adult as appointed by a court of competent jurisdiction.

  6.  The director of the department of revenue may promulgate all necessary rules and regulations for the administration of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2020, shall be invalid and void.

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(L. 2020 H.B. 1963)

Effective 7-31-21