Bill Text: NY S03569 | 2017-2018 | General Assembly | Introduced

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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 (Republican 3-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S03569 Detail]

Download: New_York-2017-S03569-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3569
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 24, 2017
                                       ___________
        Introduced by Sens. YOUNG, JACOBS -- read twice and ordered printed, and
          when printed to be committed to the Committee 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.
                                                                   LBD09019-01-7
        S. 3569                             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  is
    31  authorized  and  directed  to  be  made  and completed on or before such
    32  effective date.