2005 Arizona Revised Statutes - Revised Statutes §28-3005  Medical or psychological reports; immunity; definitions

A. A physician, psychologist or substance abuse counselor who provides information to the director in good faith and at the written request of a driver license applicant or licensee concerning a person's medical or psychological condition with respect to operation of a motor vehicle is immune from personal liability with respect to the information provided.

B. Notwithstanding the physician-patient or psychologist-client confidentiality relationship, a physician or psychologist may voluntarily report a patient to the department who has a medical or psychological condition that in the opinion of the physician or psychologist could significantly impair the person's ability to safely operate a motor vehicle. If a report is made, the physician or psychologist shall make the report in writing, including the name, address and date of birth of the patient. On receipt of the report, the department may require an examination of the person reported in the manner provided by section 28-3314. A person shall not bring an action against a physician or psychologist for not making a report pursuant to this subsection. The physician or psychologist submitting the report in good faith is immune from civil or criminal liability for making the report pursuant to this subsection. The physician's or psychologist's report is subject to subpoena or order to produce in an action except an action against the physician or psychologist submitting the report.

C. In this section:

1. "Medical or psychological condition" means a condition that could affect a person's functional ability to safely operate a motor vehicle.

2. "Physician" means a medical doctor, optometrist, chiropractor, naturopathic physician, doctor of osteopathy or doctor of homeopathy who is licensed to practice in this state or another state or who is employed by the federal government and practicing in this state or their agents.

3. "Psychologist" means a person who is licensed pursuant to title 32, chapter 19.1, who is licensed to practice psychology in another state or who is employed by the federal government and practicing in this state.

4. "Substance abuse counselor" means a person who is licensed by the board of behavioral health examiners in this state, who is licensed or certified in another state, who is certified by a board for certification of addiction counselors, who is a nationally certified addiction counselor or who is employed by the federal government and practicing in this state.