Bill Text: NY A10050 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 10050 (Prior Session Legislation)

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

Bill Title: Requires the reporting of certain medical conditions to the department of health and the department of motor vehicles.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2018-05-16 - print number 10050a [A10050 Detail]

Download: New_York-2017-A10050-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          10050
                   IN ASSEMBLY
                                      March 8, 2018
                                       ___________
        Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
          tee on Health
        AN ACT to amend the public health law and the vehicle and  traffic  law,
          in  relation  to  requiring reporting of certain medical conditions to
          the department of health and the department of motor vehicles
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public health law is amended by adding a new article
     2  20-B to read as follows:
     3                                ARTICLE 20-B
     4                       REPORTING OF IMPAIRING AILMENTS
     5  Section 2020. Definitions.
     6          2021. Physicians and facilities; duty to report.
     7          2022. Contents of report.
     8          2023. Duties of commissioner.
     9    § 2020. Definitions. As used in this article:
    10    1. "facility" shall mean any governmental or private  agency,  depart-
    11  ment, institution, clinic,  laboratory, hospital, nursing care facility,
    12  health  maintenance  organization,  association  or other similar entity
    13  that provides medical care.
    14    2. "impairing ailment" shall mean any chronic,  recurring  ailment  or
    15  disease that causes sudden impairment without notice.
    16    § 2021. Physicians and facilities; duty to report. An attending physi-
    17  cian  or  a person  representing or employed by a facility as defined by
    18  the commissioner shall report the existence of an impairing  ailment  to
    19  the  department  and the department of motor vehicles when the physician
    20  or other person diagnoses or confirms  the  presence  of  the  impairing
    21  ailment.
    22    §  2022.  Contents  of  report. The report as set forth in section two
    23  thousand twenty-one of this  article shall be  designated  an  impairing
    24  ailment  report  and  shall  contain information which the  commissioner
    25  establishes as necessary to identify the patient suffering the impairing
    26  ailment and investigate the  occurrence,  frequency,  incidence,  cause,
    27  effect  and  prognosis  of  the impairing ailment. The report shall also
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15025-02-8

        A. 10050                            2
     1  include if the patient  is  suffering  chronically  from  the  impairing
     2  ailment such that it is unsafe for such patient to operate a motor vehi-
     3  cle.
     4    §  2023.  Duties  of  commissioner.  The commissioner shall promulgate
     5  rules and regulations to  implement  the  provisions  of  this  article,
     6  including but not limited to:
     7    1. defining a person representing or employed by a facility;
     8    2.  establishing  the form, content and manner of filing the impairing
     9  ailment report;
    10    3. prescribing the permissible uses for the information made available
    11  pursuant to this article;
    12    4. establishing procedures to maintain the confidentiality of informa-
    13  tion provided to persons pursuant to this article; and
    14    5. establishing, in conjunction with the commissioner of  motor  vehi-
    15  cles,  a  method  for an attending physician or a person representing or
    16  employed by a facility as defined by the commissioner to report  to  the
    17  department  and  the  department  of  motor vehicles the existence of an
    18  impairing ailment.
    19    § 2. Section 510 of the vehicle and traffic law is amended by adding a
    20  new subdivision 12 to read as follows:
    21    12. Where the commissioner has received an  impairing  ailment  report
    22  pursuant  to  article  twenty-B  of the public health law, if the report
    23  shows that the impairing ailment is a chronic impairment to driving, the
    24  commissioner may suspend the license of the person  afflicted  with  the
    25  impairing ailment until such time that a physician reports the person is
    26  able to safely operate a motor vehicle.
    27    § 3. This act shall take effect immediately.