Bill Text: NY S06016 | 2015-2016 | 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 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO TRANSPORTATION [S06016 Detail]

Download: New_York-2015-S06016-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6016
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     July 15, 2015
                                      ___________
       Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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    S  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.
                                                                  LBD11768-04-5
       S. 6016                             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    S 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    S 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.