For the purpose of these OAR 735, division 076, rules, the following definitions apply:

1. (1) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.
2. (2) “Health care” has the meaning set forth in ORS 442.385.
3. (3) “Health care provider” means a person licensed, certified or otherwise authorized or permitted by law to administer health care in the State of Oregon. For purposes of these rules, OAR Chapter 735, division 076, “health care provider” is limited to: a chiropractic physician, mental health provider, nurse practitioner, occupational therapist, physical therapist, optometrist, physician associate and podiatric physician or surgeon.
4. (4) “Immediate suspension or cancellation” means the suspension or cancellation of driving privileges or the right to apply for driving privileges before the person is given an opportunity for a hearing to contest the suspension.
5. (5) “Intoxicant” is as defined in ORS 801.321.
6. (6) “Loss of consciousness or control” means an unpredictable medical event experienced at any time by a person in which the normal control of the person's body is compromised due to the event rendering the person: unconscious, unable to experience normal sensory perception, or unable to initiate the physical motion required to safely operate a motor vehicle. “Loss of consciousness or control” includes but is not limited to: seizure, syncope, narcolepsy, hypoglycemia, sleep apnea or black-out.
7. (7) “Medical Determination Officer” means a physician, nurse practitioner or physician associate, licensed to provide health care services by the State of Oregon, and employed or designated by DMV to make medical determinations of a person's medical eligibility for driving privileges.

8. (8) “Mental health provider” means a person licensed by the State of Oregon who provides clinical treatment and interventions specific to either or both of the following:

   1. (a) Mental health impairments, including, but not limited to, depression, bipolar, and schizophrenia.
   2. (b) Behavioral health impairments, including, but not limited to, substance abuse, addiction, and self-harm.
9. (9) “Non-mandatory reporting” or “non-mandatory report” means a voluntary report to DMV of either a medical condition or impairment that may affect a driver's ability to safely operate a motor vehicle, or a report of actual driving behavior that may indicate the person is no longer able to safely operate a motor vehicle. A “non-mandatory report” does not include a report that must be filed by a physician or health care provider as required under OAR chapter 735, division 074, of a severe and uncontrollable impairment that affects a person's ability to safely operate a motor vehicle.
10. (10) “Physician” has the meaning set forth in ORS 807.710.
11. (11) “Physician or health care provider from another jurisdiction” means a person who would meet the definition of “physician,” “health care provider” or “mental health provider,” but for the fact that the physician, health care provider or mental health provider is licensed in another jurisdiction.
12. (12) “Recertification” or “recertify” means the process for requiring the person to reestablish medical eligibility at periodic intervals by submitting updated medical or vision information.
13. (13) “Tests” mean examinations under ORS 807.070 that establish a person's eligibility for driving privileges. “Tests” include a DMV vision screening, a knowledge test and a drive test.

14. (14) “Unsafe or dangerous driving behavior” means a driver is unable to perform basic driving tasks in a safe and responsible manner. Driver actions reflective of this inability include, but are not limited to:

    1. (a) Avoiding causing a crash due only to an evasive maneuver by another driver, pedestrian or bicyclist.
    2. (b) Impeding traffic or failing to yield the right of way, such as: driving too slowly; driving in more than one lane of traffic; turning from the wrong lane; or turning into the wrong lane.
    3. (c) Failing to obey or having difficulty obeying a traffic control device, such as: running a red light or stop sign; stopping beyond the designated stop line at a traffic light or stop sign; failing to stop for a pedestrian in a marked crosswalk; or driving the wrong way on a one-way street.
    4. (d) Exhibiting driving-related and other behaviors, as reported by law enforcement, which caused law enforcement to believe there may be a cognitive or functional impairment that contributed to or caused a traffic stop or vehicle crash.

Statutory/Other Authority

ORS 184.619, 802.010, 807.340 & 809.419

Statutes/Other Implemented

ORS 807.340

History

DMV 12-2025, amend filed 07/24/2025, effective 07/24/2025
DMV 16-2024, minor correction filed 06/10/2024, effective 06/10/2024
DMV 15-2021, amend filed 09/13/2021, effective 09/13/2021
DMV 37-2020, amend filed 12/11/2020, effective 01/01/2021
DMV 20-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021
DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08
DMV 6-2006, f. & cert. ef. 5-25-06