Oregon House Bill 2195, which reads "Provides that
physician or health care provider may at any time report to Department of
Transportation that person's cognitive or functional impairment affects
person's ability to safely operate motor vehicle, without regard to whether
report is required by department." passed both the house and the senate in
April, and was signed into law in mid May. This bill, though somewhat
indirectly linked to topics covered in this class, is still relevant to
discussions around transportation policy and privacy.
On the one hand, this bill provides an increase in road
safety, something that's hard to argue against. On the other, it removes
an entire layer of doctor/patient confidentiality in a way that could seriously
alter the way a person is required to live. This alteration could lead to
safer roads for everyone, but entirely violates the code of privacy that
patients have previously relied on for protection.
Increasing road safety is undeniable important, for other
drives, bicyclists, pedestrians, and even the patient-drivers themselves, but
privacy violation is a slippery slope, even for the Transportation
Department. This bill simply allows doctors to notify the Transportation
Department and protects them from legal recourse, but this bill could also be
used as a stepping stone in the future for laws that require the
disclosure of confidential patient information.
Overall, it seems like a well-intentioned, but potentially
harmful piece of legislation. It puts lawmakers in a position that offers
a great deal of power, in a nation with shrinking privacy rights.
Conversely, it puts drivers on safer roads. Something of a conundrum...
Thanks to CJ Doxsee and Michael Armstrong for editing.
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