Bill Text: NY A10094 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires medical professionals to report patients diagnosed with conditions which cause unconsciousness or unawareness to the department of motor vehicles for the purpose of determining driving privileges; requires licensed drivers having any such condition to report the condition to the commissioner of motor vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-14 - referred to transportation [A10094 Detail]
Download: New_York-2017-A10094-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10094 IN ASSEMBLY March 14, 2018 ___________ Introduced by M. of A. CARROLL -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to requiring disclosure to the department of motor vehicles of any condition which may cause a person licensed to operate a motor vehicle to lose consciousness or have impaired cognition The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 216-b to read as follows: 3 § 216-b. Reports of health conditions that may impair the ability to 4 operate a motor vehicle. 1. In addition to any other provision of law 5 or regulation relating to the fitness of an applicant to operate a motor 6 vehicle, when a licensed physician, physician assistant or nurse practi- 7 tioner providing treatment to any person sixteen years of age or older 8 determines or diagnoses, that such person has any chronic condition 9 which causes or may cause him or her to suffer unconsciousness or 10 unawareness, including but not limited to a convulsive disorder, epilep- 11 sy, fainting, dizzy spells or coronary ailments, such medical profes- 12 sional shall be required to report, as soon as practicable, but in no 13 event more than fifteen days after such diagnosis determination, to the 14 department, in such form and with such content as shall be determined by 15 the commissioner, the facts related to such person's condition and abil- 16 ity to operate a motor vehicle. 17 2. Upon receipt of a report pursuant to subdivision one of this 18 section, the department shall cause an investigation to be conducted 19 into the condition and ability to operate a motor vehicle of the subject 20 of such report. Such investigation shall be conducted by the medical 21 review unit of the department, which shall, upon completion of its 22 investigation, make recommendations to the commissioner as to the appli- 23 cant's fitness to operate a motor vehicle, including whether any 24 restrictions should be placed upon such person's driver's license, 25 whether his or her license should be suspended, revoked or denied, or 26 whether such license should be continued without restriction. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09019-01-7A. 10094 2 1 3. The reports and all contents thereof required to be disclosed 2 pursuant to this section shall be confidential, shall be used solely for 3 purposes of conducting investigations into the condition and ability to 4 operate a motor vehicle of the subjects of such reports, and shall not 5 be entered or received at any civil, criminal or administrative trial, 6 hearing or proceeding, except as otherwise provided for in this section. 7 4. No licensed physician, physician assistant or nurse practitioner 8 shall be held civilly or criminally liable in any action or proceeding 9 on account of any report or disclosure of information in accordance with 10 the provisions of this section. 11 § 2. Section 506 of the vehicle and traffic law is amended by adding a 12 new subdivision 6 to read as follows: 13 6. In addition to any existing provision of law or regulation, any 14 person holding a license pursuant to this chapter who knows he or she 15 has been diagnosed with any chronic condition which causes or may cause 16 him or her to suffer unconsciousness or unawareness, including, but not 17 limited to a convulsive disorder, epilepsy, fainting, dizzy spells or 18 coronary ailments, shall report such condition and facts relating there- 19 to to the commissioner within fifteen days after such diagnosis, unless 20 otherwise impracticable. The commissioner shall forward such report for 21 investigation pursuant to subdivision two of section two hundred 22 sixteen-b of this chapter, and shall take such reasonable action as may 23 be proper under the provisions of this chapter. 24 § 3. This act shall take effect on the one hundred twentieth day after 25 it shall have become a law; provided, however, that effective immediate- 26 ly, the addition, amendment and/or repeal of any rule or regulation 27 necessary for the implementation of this act on its effective date is 28 authorized and directed to be made and completed on or before such 29 effective date.
