Bill Text: NY A03114 | 2019-2020 | 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) 2020-01-08 - referred to transportation [A03114 Detail]

Download: New_York-2019-A03114-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3114
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01917-01-9
        A. 3114                             2
     1  restrictions should be  placed  upon  such  person's  driver's  license,
     2  whether  his  or  her license should be suspended, revoked or denied, or
     3  whether such license should be continued without restriction.
     4    3.  The  reports  and  all  contents  thereof required to be disclosed
     5  pursuant to this section shall be confidential, shall be used solely for
     6  purposes of conducting investigations into the condition and ability  to
     7  operate  a  motor vehicle of the subjects of such reports, and shall not
     8  be entered or received at any civil, criminal or  administrative  trial,
     9  hearing or proceeding, except as otherwise provided for in this section.
    10    4.  No  licensed  physician, physician assistant or nurse practitioner
    11  shall be held civilly or criminally liable in any action  or  proceeding
    12  on account of any report or disclosure of information in accordance with
    13  the provisions of this section.
    14    § 2. Section 506 of the vehicle and traffic law is amended by adding a
    15  new subdivision 6 to read as follows:
    16    6.  In  addition  to  any existing provision of law or regulation, any
    17  person holding a license pursuant to this chapter who knows  he  or  she
    18  has  been diagnosed with any chronic condition which causes or may cause
    19  him or her to suffer unconsciousness or unawareness, including, but  not
    20  limited  to  a  convulsive disorder, epilepsy, fainting, dizzy spells or
    21  coronary ailments, shall report such condition and facts relating there-
    22  to to the commissioner within fifteen days after such diagnosis,  unless
    23  otherwise impracticable.  The commissioner shall forward such report for
    24  investigation  pursuant  to  subdivision  two  of  section  two  hundred
    25  sixteen-b of this chapter, and shall take such reasonable action as  may
    26  be proper under the provisions of this chapter.
    27    § 3. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law; provided, however, that effective immediate-
    29  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    30  necessary for the implementation of this act on its effective  date  are
    31  authorized  and  directed  to  be  made  and completed on or before such
    32  effective date.