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A00909 Summary:

BILL NOA00909
 
SAME ASNo Same As
 
SPONSORCarroll
 
COSPNSRDickens, Weprin, Rivera J, Cook
 
MLTSPNSRDavila
 
Add Art 20-B §§2020 - 2024, Pub Health L; amd §510, V & T L
 
Requires the reporting of certain medical conditions to the department of health and the department of motor vehicles.
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A00909 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A909
 
SPONSOR: Carroll
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: This legislation defines impairing ailments that a driver may have that could impact their ability to operate a motor vehicle and requires physicians to report certain medical conditions to the department of health and the department of motor vehicles. This bill implements a system to determine how a physician should create an impairing ailment report for drivers and establishes a method for an attending physician to determine whether or not a person suffering from an impairing ailment will be fit to operate a motor vehicle. Drivers found to be suffering from an impairing ailment by an attending physician may have their license suspended based upon the severity of their condition.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the public health law by adding a new arti- cle, 20-B, which establishes requirements for the reporting of ailments. Section 2020 defines terms in the article: "Facility" refers to any entity that provides medical care, including any governmental agency, department, institution, clinic, laboratory, hospital, nursing care facility, health maintenance organization, asso- ciation or similar entity. "Impairing ailment" is defined as any chron- ic, recurring ailment or disease that causes sudden impairment without notice. Section 2021 establishes the physicians and facilities duty to report. An attending physician or person representing a facility as defined by the commissioner shall report the existence of an impairing ailment to the department of health and the department of motor vehicles when one is diagnosed with an impairing ailment. Section 2022 sets forth the contents of the impairing ailment report, which shall contain information which the commissioner establishes as necessary to identify the patient suffering the impairing ailment. The report shall include if the patient is suffering from a chronic ailment such that it is unsafe for the patient to operate a motor vehicle. Section 2023 defines the duties of the commissioner. The commissioner shall promulgate rules and regulations to implement the provisions of this article, including but not limited to: 1. Defining a person representing or employed by a facility 2. Establishing the foam, content and manner of filing the impairing ailment report; 3. Prescribing the permissible uses for the information made available pursuant to this article 4. Establishing procedures to maintain the confidentiality of informa- tion provide to persons pursuant to this article 5. Establishing, in conjunction with the commissioner of motor vehicles, a method for an attending physician or a person representing or employed by a facility as defined by the commissioner to report to the department and the department of motor vehicles the existence of an impairing ailment. Section 2 amends Section 510 of the vehicle and traffic law by adding a new subdivision 12 pursuant to article twenty-B of the public health law, if the report shows that the impairing ailment is a chronic impair- ment to driving, the commissioner may suspend the license of the person afflicted with the impairing ailment until such time that a physician reports the person is able to safely operate a motor vehicle. Section 3 of the bill sets the effective date.   JUSTIFICATION: A driver who suffers from a condition that could suddenly impair their driving ability without notice may put themselves, pedestrians, and other drivers at risk. There have been multiple occurrences in New York over the past two years when a medically impaired driver has tragically killed pedestrians due in part to a recurring ailment or disease that caused sudden impairment without notice. Most recently, a driver with a history of health problems, while sitting at a red light, suddenly accelerated through a busy cross walk, killing two children and injuring two adults. This bill would formalize the process and require for physi- cians to evaluate and report to the NYS Department of Motor Vehicles and Department of Health that patients who they diagnose with impairing ailments which could impact their ability to operate a motor vehicle have their driver's license suspended.   PRIOR LEGISLATIVE HISTORY: A.10050A of 2017-18 A.3407 of 2019-20   FISCAL IMPLICATION: TBD   EFFECTIVE DATE: This act shall take effect immediately.
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A00909 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           909
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  CARROLL, DICKENS, WEPRIN, J. RIVERA, COOK --
          Multi-Sponsored by -- M. of A. DAVILA -- read once and referred to the
          Committee 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. Reporting by motorist.
     9          2024. Duties of commissioner.
    10    § 2020. Definitions. As used in this article:
    11    1. "facility" shall mean any governmental or private  agency,  depart-
    12  ment, institution, clinic,  laboratory, hospital, nursing care facility,
    13  health  maintenance  organization,  association  or other similar entity
    14  that provides medical care.
    15    2. "impairing ailment" shall mean  any  of  the  following:  recurrent
    16  convulsive  seizures, recurrent period of unconsciousness or impairment,
    17  or loss or impaired of motor coordination due to conditions such as, but
    18  not limited to, epilepsy in any of its  forms  which  persist  or  recur
    19  despite medical treatment.
    20    § 2021. Physicians and facilities; duty to report. An attending physi-
    21  cian  or  a person  representing or employed by a facility as defined by
    22  the commissioner shall report the existence of an impairing  ailment  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05356-01-1

        A. 909                              2
 
     1  the  department  and the department of motor vehicles within twenty-four
     2  hours of determining the existence of an impairing ailment.
     3    §  2022.  Contents  of  report. The report as set forth in section two
     4  thousand twenty-one of this  article shall be  designated  an  impairing
     5  ailment  report  and  shall  contain information which the  commissioner
     6  establishes as necessary to identify the patient suffering the impairing
     7  ailment and investigate, including, but not limited to,  the  diagnosis,
     8  current  treatment,  occurence,  frequency, incidence, cause, effect and
     9  prognosis of the impairing ailment. The report shall also include if the
    10  patient is suffering chronically from the impairing ailment such that it
    11  is unsafe for such patient to operate a motor vehicle.
    12    § 2023. Reporting by motorist. When the commissioner  or  the  commis-
    13  sioner  of motor vehicles becomes aware, upon information received or as
    14  a result of an investigation conducted, that a licensed driver or appli-
    15  cant for a learner's permit or driver's license suffers or has  suffered
    16  from  an  impairing  ailment,  such  commissioners may require from such
    17  person:
    18    1. A statement by the applicant or licensee of his or her  history  of
    19  impairing ailments; and
    20    2.  Any  other information which such commissioners may deem necessary
    21  to evaluate the applicant's or licensee's  qualification  to  operate  a
    22  motor vehicle.
    23    §  2024.  Duties  of  commissioner.  The commissioner shall promulgate
    24  rules and regulations to  implement  the  provisions  of  this  article,
    25  including but not limited to:
    26    1. defining a person representing or employed by a facility;
    27    2.  establishing  the form, content and manner of filing the impairing
    28  ailment report;
    29    3. prescribing the permissible uses for the information made available
    30  pursuant to this article;
    31    4. establishing procedures to maintain the confidentiality of informa-
    32  tion provided to persons pursuant to this article; and
    33    5. establishing, in conjunction with the commissioner of  motor  vehi-
    34  cles,  a  method  for an attending physician or a person representing or
    35  employed by a facility as defined by the commissioner to report  to  the
    36  department  and  the  department  of  motor vehicles the existence of an
    37  impairing ailment.
    38    § 2. Section 510 of the vehicle and traffic law is amended by adding a
    39  new subdivision 12 to read as follows:
    40    12. a. Where the commissioner has received an impairing ailment report
    41  pursuant to article twenty-B of the public health  law,  if  the  report
    42  shows that the impairing ailment is a chronic impairment to driving, the
    43  commissioner  may  suspend  the license of the person afflicted with the
    44  impairing ailment.
    45    b. Any person sixteen years of age or older who  suffers  or  who  has
    46  suffered  from  recurrent  convulsive  seizures,  recurrent  periods  of
    47  impaired consciousness, or from impairment or loss of motor coordination
    48  due to a condition such as, but not limited to, epilepsy, in any of  its
    49  forms, shall, as a prerequisite to the issuance of a learner's permit or
    50  driver's  license, renewal of a driver's license, restoration of a driv-
    51  er's license, or retention of  a  driver's  license,  establish  to  the
    52  satisfaction  of  the  commissioner  that  he  or she has been free from
    53  recurrent convulsive seizures, recurrent periods of impaired  conscious-
    54  ness,  or  from impairment or loss of motor coordination for a period of
    55  six months with or without medication and that he or she  is  physically
    56  qualified to operate a motor vehicle.

        A. 909                              3
 
     1    c.  If  a driver's license or permit is denied, suspended, revoked, or
     2  altered under this subdivision, the person has a right to appeal a deci-
     3  sion of the commission. In order to appeal,  a  person  must  request  a
     4  formal  hearing, in writing, from the commission within twenty-five days
     5  of  the  decision.  The request must include all disputed material facts
     6  that the applicant/licensee or his or her attorney plans to raise at the
     7  hearing. However, if the suspension or revocation of the  license  is  a
     8  result  of  a  deadly  accident,  then the licensee has only ten days to
     9  request a hearing and licensee has fifteen days  in  which  to  file  an
    10  exception  to  an adverse decision with the commission. The commission's
    11  decision is final, and may be appealed to the  supreme  court  appellate
    12  division within forty-five days.
    13    § 3. This act shall take effect immediately.
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