Duty to Report Driver Fitness Concerns

On June 3, 2010, Bill 14 Motor Vehicle Amendment Act became law, providing for several amendments to the BC Motor Vehicle Act. The relevant section for registrants is the amendment to Section 230, Report of medical condition or impairment. Occupational therapists and nurse practitioners are now part of the current healthcare professionals’ list of psychologists, optometrists and medical practitioners who have a duty and authority to report under the Act about concerns of a person’s fitness to drive as a result of a medical condition or functional impairment. The amendment will also specify the medical conditions and impairments that affect someone's ability to drive, and must be reported to the Superintendent of Motor Vehicles.

Registrants should be aware that the amendments to Section 230 are still not in force as the regulations, developed by the B.C. Office of the Superintendent of Motor Vehicles (OSMV) are not yet finalized by the Ministry of Public Safety and Solicitor General. The OSMV has confirmed the approval of the regulations is delayed now until January 2012. OSMV reassured the College that once the regulations are approved, there is a planned transition period of six months for bringing them into force. In the Fall COTBC will work with OSMV to establish an occupational therapists' working group to assist with the transition to the new regulations.

Registrants will be informed as soon as there is any news about the release of the regulations and the amendments brought into force. In the meantime, occupational therapists may wish to review the Delivery of Services Relating to the Use of Motor Vehicles: Guide for Occupational Therapists published by the Quebec OT association (see right side bar).

COTBC wishes to thank the following occupational therapists for participating in the consultation sessions with OSMV including: Diana Robertson (BCSOT Representative on OSMV Driver Fitness Advisory Group), Sandy Leznoff, Sue Riel, Patti Erlendson, Janet Chasse and Lisa Kristalovich. Deputy Registrar Susan Mulholland attended on behalf of Kathy Corbett.

A news alert will be issued once the regulations are developed and the amendments are to be followed by occupational therapists.

Resources

2010 BC Guide in Determining Fitness to Drive

This replaces the 1997 BC Guide for Physicians in Determining Fitness to Drive a Motor Vehicle, 7th edition.
Health Care Practitioners may refer to the Medical Condition chapters of the Guide to consider a patient’s medical fitness to drive.

It should be noted that the guide makes reference in several places to the Screen for the Identification of Medically At Risk Drivers A Modification of the Dem-Tect (SIMARD-MD), a new tool for health care practitioners to identify cognitively impaired patients whose driving skills may have declined to an unsafe level.  

Until use of the SIMARD-MD has been fully implemented, the OSMV will accept the MMSE or MoCA as cognitive screens for making driver fitness determinations.