Bill Text: HI SB721 | 2012 | Regular Session | Introduced

---

Bill Title: Drivers License; Disability; Reporting

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB721 Detail]

Download: Hawaii-2012-SB721-Introduced.html

---

THE SENATE	S.B. NO.	721
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to drivers licenses.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that drivers who continue to drive after a change in medical condition may need to be retested and evaluated to ensure the public safety.

     The purpose of this Act is to implement a fair method of ensuring that drivers with physical or mental disabilities that impair safe driving are evaluated for driving ability when necessary.

     SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§286-     Physical or mental disability, reporting; physician immunity; driver evaluation.  (a)  Notwithstanding any other state law concerning confidentiality to the contrary, any physician or osteopathic physician licensed pursuant to chapter 453 who has reason to believe a patient is affected by a physical or mental disability that may interfere with the patient's driving ability shall report the matter to the examiner of drivers in writing.  No physician shall be subject to civil liability, or be deemed to have engaged in unprofessional conduct, for carrying out in good faith the reporting requirements of this subsection.

     (b)  The examiner of drivers shall evaluate reports received pursuant to subsection (a) on a case-by-case basis and conduct an investigation to determine whether the reports are valid and whether the reports reflect a legitimate concern regarding a physical or mental disability that impairs a driver's ability to drive safely.

     After investigation and careful evaluation of a report, the examiner of drivers may:

     (1)  Recall the person's driver's license, if the examiner of drivers has good cause to believe that the person would not be able to safely operate a motor vehicle upon the highways by reason of physical or mental disability;

     (2)  Allow the person to retain the person's driver's license, if the examiner of drivers determines that the person does meet the requirements for safe driving under state laws and rules;

     (3)  Add restrictions to the driver's license pursuant to section 286-103; or

     (4)  Request additional examinations, as necessary, such as a medical examination or a driver's examination.

     (c)  A person shall respond to a request for additional examinations made pursuant to subsection (b)(4) within thirty days.  A person's failure to timely respond to the request for additional examinations shall result in suspension of the person's driver's license for an indefinite period of time until the person complies with the request; provided that the person is duly notified of the suspension, in writing, by the examiner of drivers.  The suspension may be avoided or restored upon receipt of the requested information.

     (d)  All reports made and all medical records reviewed and maintained by the examiner of drivers shall be kept confidential except upon order of a court of competent jurisdiction or in an appeal of the examiners' action under section 286-129."

     SECTION 3.  Section 286-4.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The duties of the board shall include:

     (1)  The development of a system for medically evaluating persons who an examiner of drivers has reason to believe have mental or physical conditions that might impair their driving ability[;], including evaluating reports received by the examiners of drivers pursuant to section 286-   ; and

     (2)  The furnishing of advice to the examiners of drivers respecting medical criteria and vision standards for motor vehicle drivers."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Drivers License; Disability; Reporting

 

Description:

Establishes a system of mandatory reporting by physicians to examiners of drivers regarding drivers with impaired driving ability.

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.