Bill Text: NJ S1196 | 2014-2015 | Regular Session | Amended
Bill Title: Permits health care providers to report certain patient health problems to MVC.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-06-08 - Reported from Senate Committee with Amendments, 2nd Reading [S1196 Detail]
Download: New_Jersey-2014-S1196-Amended.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator ROBERT M. GORDON
District 38 (Bergen and Passaic)
SYNOPSIS
Permits health care providers to report certain patient health problems to MVC.
CURRENT VERSION OF TEXT
As reported by the Senate Transportation Committee on June 8, 2015, with amendments.
An Act concerning the reporting of impaired drivers and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A health care provider may report to the 1New Jersey1 Motor Vehicle Commission the name, age, address, and description of the alleged impairment of any person 16 years of age or older diagnosed by the health care provider with a health problem which, in the health care provider's judgment, will significantly affect the person's ability to safely operate a motor vehicle 1, including Alzheimer's disease and those related disorders that are severe enough to be likely to impair a person's ability to operate a motor vehicle1. The Chief Administrator of the 1New Jersey1 Motor Vehicle Commission, in consultation with the Commissioner of Health, shall prescribe and furnish the forms on which 1[such reports are] a report is1 to be made.
b. In order to 1[be assured] assure1 that no person is unwarrantedly denied the privilege of operating a motor vehicle in this State because of 1[reports] a report1 submitted under the provisions of 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1, the chief administrator, in consultation with the commissioner, shall establish a procedure for the evaluation and screening of 1reported1 cases 1[so reported]1.
c. 1[Reports] A report1 submitted pursuant to the provisions of 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill):
(1)1 shall be for the information of the chief administrator in administering State motor vehicle laws 1[and] ,1 shall be kept in the confidence of the commission1,1 and shall not be revealed or used by the commission in any manner or any circumstances 1[expect] except1 for the purpose of determining the eligibility of a person to operate a motor vehicle on the highways of this State 1; and
(2) shall be received, maintained, and used by the commission in accordance with the privacy requirements of the federal Health Insurance Portability and Accountability Act of 1996, Pub L.104-191, and related regulations1.
d. 1A health care provider who reports a person to the commission pursuant to this section in good faith and without malice, shall not be liable for civil damages to any person in any cause of action arising out of the reporting.
e.1 For the purposes of this section, "health care provider" means a physician or surgeon as defined in R.S.45:9-5.1 or a person licensed as: a doctor of podiatric medicine pursuant to 1[the]1 R.S.45:5-1 et seq., a dentist pursuant to R.S.45:6-1 et seq., an optometrist pursuant to R.S.45:12-1 et seq., an advanced practice nurse pursuant to P.L.1991, c.377 (C.45:11-45 et seq.), 1a physician assistant pursuant to P.L.1991, c.378 (C.45:9-27.10 et seq.)1 or a practicing psychologist pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.).
1[e.] f.1 Nothing in 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1 shall be deemed to supersede or limit the mandatory reporting requirements set forth in P.L.1970, c.195 (C.39:3-10.4 et seq.) 1[concerning recurrent convulsive seizures, recurrent periods of unconsciousness, impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy in any of its forms, when such conditions persist or recur despite medical treatments] or section 4 of P.L.1986, c.147 (C.30:6-1.2)1.
2. This act shall take effect immediately.
