Bill Text: FL S0308 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Disorders/Ability to Operate a Motor Vehicle [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Transportation [S0308 Detail]

Download: Florida-2010-S0308-Introduced.html

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Florida Senate - 2010                                     SB 308 
 
By Senator Wise 
5-00430-10                                             2010308__ 
1                        A bill to be entitled 
2         An act relating to disorders affecting a person’s 
3         ability to operate a motor vehicle; requiring a 
4         physician to report to the local county health 
5         department certain information regarding patients 
6         diagnosed as having disorders characterized by lapses 
7         of consciousness; requiring the county health 
8         department to report such information to the 
9         Department of Highway Safety and Motor Vehicles; 
10         requiring that the Department of Highway Safety and 
11         Motor Vehicles keep the reports confidential and use 
12         the reports only for determining a person’s 
13         eligibility to operate a motor vehicle; requiring the 
14         Department of Health, in consultation with certain 
15         professional medical organizations and in cooperation 
16         with the Department of Highway Safety and Motor 
17         Vehicles, to define by a specified date disorders 
18         characterized by lapses of consciousness; providing 
19         certain requirements for the definition of the 
20         disorder; requiring the Department of Health, in 
21         consultation with certain professional medical 
22         organizations and by a specified date, to adopt 
23         definitions of levels of functional severity for the 
24         disorders and adopt rules to enhance the monitoring of 
25         persons having disorders characterized by lapses of 
26         consciousness; requiring the Department of Health, in 
27         cooperation with the Department of Highway Safety and 
28         Motor Vehicles and by a specified date, to list 
29         circumstances in which reporting is not necessary; 
30         providing that a physician who reports a patient 
31         diagnosed as having a disorder characterized by lapses 
32         of consciousness is not civilly or criminally liable 
33         for making such report; providing an effective date. 
34 
35  Be It Enacted by the Legislature of the State of Florida: 
36 
37         Section 1. (1) A physician licensed under chapter 458 or 
38  chapter 459, Florida Statutes, shall immediately report in 
39  writing to the local county health department the name, date of 
40  birth, and address of each patient at least 14 years of age or 
41  older whom the physician has diagnosed as having a disorder 
42  characterized by lapses of consciousness. However, if a 
43  physician reasonably and in good faith believes that the 
44  reporting of a patient serves the public interest, the physician 
45  may report the patient’s condition even if it may not be 
46  required under this subsection. 
47         (2) Each county health department shall report in writing 
48  to the Department of Highway Safety and Motor Vehicles the name, 
49  date of birth, and address of each person reported to it as 
50  having a disorder characterized by lapses of consciousness. 
51         (3) The Department of Highway Safety and Motor Vehicles 
52  shall: 
53         (a) Use the reports from the county health departments for 
54  the sole purpose of determining the eligibility of a person to 
55  operate a motor vehicle in this state in compliance with chapter 
56  316, Florida Statutes. 
57         (b) Keep the reports confidential pursuant to s. 119.0712, 
58  Florida Statutes. 
59         (4) By January 1, 2011, the Department of Health, in 
60  consultation with professional medical organizations whose 
61  members have specific expertise in the diagnosis and treatment 
62  of disorders characterized by lapses of consciousness and in 
63  cooperation with the Department of Highway Safety and Motor 
64  Vehicles, shall adopt by rule a definition of disorders 
65  characterized by lapses of consciousness which is based upon 
66  existing clinical standards and shall be used for purposes of 
67  this section. The definition must include Alzheimer’s disease 
68  and those related disorders that are severe enough to likely 
69  impair a person’s ability to operate a motor vehicle. 
70         (5) By January 1, 2011, the Department of Health, in 
71  consultation with professional medical organizations whose 
72  members have specific expertise in the diagnosis and treatment 
73  of disorders characterized by lapses of consciousness, shall: 
74         (a) Adopt by rule definitions of levels of functional 
75  severity so that a person is reported pursuant to this section 
76  only if there is reason to believe that the person’s condition 
77  is likely to impair his or her ability to operate a motor 
78  vehicle. 
79         (b) Adopt rules that are designed to enhance the monitoring 
80  of persons having disorders characterized by lapses of 
81  consciousness in order to assist a person in complying with 
82  restrictions indicated on his or her driver’s license which are 
83  imposed by the Department of Highway Safety and Motor Vehicles. 
84         (6) By January 1, 2011, the Department of Health, in 
85  cooperation with the Department of Highway Safety and Motor 
86  Vehicles, shall list the circumstances that do not require 
87  reporting under subsection (1), such as when a patient is unable 
88  to ever operate a motor vehicle or is otherwise unlikely to 
89  represent a danger that requires reporting. 
90         (7) A physician who reports a patient diagnosed as having a 
91  disorder characterized by lapses of consciousness under this 
92  section is not civilly or criminally liable for making a report 
93  required or authorized by this section. 
94         Section 2. This act shall take effect July 1, 2010.