S08974 Summary:

BILL NOS08974
 
SAME ASNo Same As
 
SPONSORYOUNG
 
COSPNSR
 
MLTSPNSR
 
Add Art 20-B §§2020 - 2025, Pub Health L; amd §510, V & T L
 
Relates to requiring reporting of certain medical conditions to the department of health and the department of motor vehicles; requires physicians to report the identity of a patient to the department of health and the department of motor vehicles when the physician believes such patient has an impairing ailment.
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S08974 Actions:

BILL NOS08974
 
06/08/2018REFERRED TO RULES
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S08974 Committee Votes:

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S08974 Floor Votes:

There are no votes for this bill in this legislative session.
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S08974 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8974
 
                    IN SENATE
 
                                      June 8, 2018
                                       ___________
 
        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 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. Definition.
     6          2021. Physicians; duty to report.
     7          2022. Contents of report.
     8          2023. Duties of commissioner.
     9          2024. Physician immunity.
    10          2025. Confidentiality of  reports  submitted  pursuant  to  this
    11                  article.
    12    §  2020.  Definition.  As  used  in  this article, the term "impairing
    13  ailment" means any  medical  condition  that  can  result  in  recurrent
    14  convulsive seizures; recurrent periods of unconsciousness; impairment or
    15  loss  of  motor  coordination due to conditions such as, but not limited
    16  to, epilepsy in any of its forms, when such conditions persist or  recur
    17  despite medical treatment.
    18    § 2021. Physicians; duty to report. A physician diagnosing or treating
    19  a  patient  for  an  impairing ailment shall report the identity of such
    20  patient to the department and to the department of motor  vehicles  when
    21  such  physician has reason to believe, either through diagnosis or after
    22  a medical evaluation not yet resulting in a diagnosis, that such patient
    23  has an impairing ailment.
    24    § 2022. Contents of report. The report as set  forth  in  section  two
    25  thousand  twenty-one  of  this  article shall be designated an impairing
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16251-01-8

        S. 8974                             2
 
     1  ailment report and shall  contain  information  which  the  commissioner
     2  establishes as necessary to identify the patient suffering the impairing
     3  ailment  and  to  investigate  the nature and prognosis of the impairing
     4  ailment as it relates to the patient's ability to safely operate a motor
     5  vehicle.
     6    §  2023.  Duties  of  commissioner.  The commissioner shall promulgate
     7  rules and regulations to  implement  the  provisions  of  this  article,
     8  including, but not limited to:
     9    1.  establishing  the form, content and manner of filing the impairing
    10  ailment report;
    11    2. prescribing the permissible uses for the information made available
    12  pursuant to this article;
    13    3. establishing procedures to maintain the confidentiality of informa-
    14  tion provided to persons pursuant to this article; and
    15    4. establishing in conjunction with the commissioner of motor vehicles
    16  a method for a physician to report to the department and to the  depart-
    17  ment of motor vehicles the existence of an impairing ailment.
    18    §  2024.  Physician  immunity.  A  physician,  reporting in good faith
    19  pursuant to this article, shall be immune from liability, civil or crim-
    20  inal, resulting from actions taken pursuant to this article. Nothing  in
    21  this  article shall be construed to create a cause of action for damages
    22  against a physician based on the accuracy of or the failure  to  make  a
    23  report required by this article.
    24    §  2025. Confidentially of reports submitted pursuant to this article.
    25  Reports submitted pursuant to this article shall be for the  information
    26  of  the department of health and the department of motor vehicles, shall
    27  be kept in the confidence of such agencies, and shall not be revealed or
    28  used by such agencies in any manner or under  any  circumstances  except
    29  for  the purpose of determining the eligibility of a person to operate a
    30  motor vehicle on the highways of this state.
    31    § 2. Subdivision 3 of section 510 of the vehicle and  traffic  law  is
    32  amended by adding a new paragraph b-1 to read as follows:
    33    b-1.  because  of an impairing ailment as defined in section two thou-
    34  sand twenty of the public health law that may affect a person's  ability
    35  to  safely operate a motor vehicle, provided that the commissioner shall
    36  determine whether to so suspend or  revoke  promptly  upon  receiving  a
    37  report of an impairing ailment;
    38    §  3.  This  act shall take effect on the ninetieth day after it shall
    39  have become a law.
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