REMINDER: Please ensure both sides of the updated Medical Condition Report form are submitted. The Ministry cannot process incomplete forms.
As a result of over 20 years of advocacy, the Highway Traffic Act was amended to provide more specifics around the types of medical conditions and impairments that are considered mandatory to report when assessing and reporting a patient’s fitness to drive. Correspondingly, the Ministry of Transportation’s (MTO) Medical Condition Report form was updated on July 1, 2018 to reflect this additional level of detail.
After problems with the initial reporting requirements were highlighted in the early 1990s, the Ontario Medical Association worked closely with the MTO, in consultation with an expert physician working group, in order to provide input on subsequent legislative changes and the corresponding new form.
The updated reporting form works hand-in-hand with the new reporting regulations to include a list of the conditions and impairments that are mandatory to report, as well as a discretionary reporting section.
Each category includes a drop down list of frequently reported, high-risk conditions that warrant a license suspension. Each category also includes a section for ‘Other’ for practitioners to report conditions that may not be included in the sample list.
The amended regulation also expands the types of clinicians who may report on fitness to drive. Now, nurse practitioners are subject to the same mandatory/discretionary reporting requirements as physicians and optometrists, and occupational therapists have the authority to make discretionary reports.
General guidance for reporting:
For any impairment or condition listed below, report as follows in the chart below. Do not report transient or non-recurrent conditions, or modest or incremental changes attributable to natural aging where overall, the individual is still fit to drive.
Liability:Physicians must use their judgement to decide when to report. Physicians who comply with the regulations and report a patient unfit to drive for one of the mandatory conditions listed below will not be subject to liability. Conversely, failing to report a patient whose condition falls under the mandatory reporting category may leave the physician open to liability.
This patient has or appears to have a disorder resulting in cognitive impairment that affects (one or more of the following):
This patient has or appears to have a disorder that:
Patient was diagnosed with an aortic aneurysm, which is at the stage of imminent rupture.
Patient had a seizure and was diagnosed with epilepsy. His seizures are likely to recur.
The patient has or appears to have a condition or disorder resulting in severe motor or sensory impairment that affects any of the following:
The patient has or appears to have any of:
This patient has or appears to have:
This patient has or appears to have a condition or disorder currently involving any of the following:
Discretionary Reporting Requirements
As a result of the amendment, physicians now also now have discretion to report other medical conditions, functional and visual impairments that may make it dangerous for a patient to drive and which are not covered in the prescribed list for mandatory reporting.
It is important to note that discretionary reporting is not a duty – i.e., physicians are not required to make a discretionary report, but rather, have the authority to do so.
With the extensive mandatory list articulated in the regulation, it is likely there will be fewer circumstances in which physicians are unsure of whether or not to report. However, if a physician is unsure, but reasonably believes that a patient may present a danger behind the wheel, the physician should err on the side of caution and report the patient to the MTO. Physicians who use their discretion to report a patient will not be subject to liability. Whether or not a physician would be liable for failing to report a discretionary case is less clear, though, in light of the case law, there is the possibility of such a finding.
Is there a fee code for this form?The current fee code (K035) and fee for completing a Medical Condition Report stays the same.
To get copies of the Medical Condition Report form:
You can submit the completed form via mail or fax. Please be sure to submit both pages of the completed form, and make sure to keep a copy for your records.
You may contact the Ministry of Transportation’s Driver Improvement Office directly (see contact information below), or provide your comments to the OMA to be passed on.
Information on Reporting:
Assessing Fitness to Drive:
For more information, please contact the following
For questions or feedback on the new reporting form
Ministry of Transportation, Driver Improvement Office, Medical Review Section By phone: 416-235-1773 or 1-800-268-1481 (within Ontario)By email: DriverImprovementOffice@ontario.ca
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