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.
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.
