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S05225 Summary:

S05225 Actions:

S05225 Committee Votes:

S05225 Floor Votes:

S05225 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5225--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     April 17, 2019
                                       ___________
 
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed  to be committed to the Committee on Transportation -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
 
        AN  ACT to amend the vehicle and traffic law, in relation to the licens-
          ing of drivers where there is evidence of the loss of consciousness by
          such person
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  502 of the vehicle and traffic law is amended by
     2  adding a new subdivision 8 to read as follows:
     3    8. Loss of consciousness. a.  This  subdivision  shall  apply  to  any
     4  applicant  for  an  original driver's license in this state who has ever
     5  suffered a loss of consciousness, to any applicant for a  renewal  driv-
     6  er's  license  who has suffered a loss of consciousness since his or her
     7  last license was issued in this state, to any person who is required  to
     8  submit  physicians',  physician  assistants',  or  nurse  practitioners'
     9  statements, in such form as the commissioner may require, as a condition
    10  for continuing licensing, and to  persons  holding  a  driver's  license
    11  concerning  whom  the  commissioner  has  received  evidence  of loss of
    12  consciousness.
    13    b. As used in this subdivision, the following  terms  shall  have  the
    14  following  meanings: "loss of consciousness" shall mean the condition of
    15  not being aware of one's surroundings or  of  one's  existence  and  the
    16  inability  to  receive, interpret or react to sensory impressions as the
    17  result of epilepsy, syncope, cataplexy, narcolepsy and  other  disorders
    18  affecting consciousness and control; and "evidence of loss of conscious-
    19  ness"  shall mean a police accident report filed pursuant to section six
    20  hundred three of this chapter indicating a  loss  of  consciousness,  no
    21  matter  how  denominate, as the cause of an accident, or admission by an
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02083-03-9
        S. 5225--A                          2
 
     1  applicant or licensee, or a complaint  alleging  loss  of  consciousness
     2  received from police agencies and others.
     3    c.  A person to whom this part is applicable shall be deemed to be fit
     4  for licensing only as determined by the commissioner in accordance  with
     5  section 9.3 of part 9 of title 15 of the codes, rules and regulations of
     6  the state of New York as prescribed by the commissioner.
     7    d.  (i)  Upon  receipt  of  an  application  for  an original driver's
     8  license, or for renewal of a  driver's  license,  or  upon  a  scheduled
     9  review  of  evidence  confirmed by a department hearing or investigation
    10  that a licensee has experienced a  lack  of  consciousness,  or  if  the
    11  commissioner  has  not  received  an  acceptable  physician's, physician
    12  assistant's or nurse practitioner's statement as defined in subparagraph
    13  (ii) of this paragraph, or, if such a  statement  is  received  but  the
    14  commissioner's  medical  consultant finds grounds to disagree with or to
    15  question a recommendation of  such  physician,  physician  assistant  or
    16  nurse practitioner made in accordance with the provisions of section 9.3
    17  of  part  9 of title 15 of the codes, rules and regulations of the state
    18  of New York, the commissioner shall deny or suspend such license, which-
    19  ever is appropriate, and offer to hold a department  hearing  to  review
    20  such  action,  upon  written request of such person. If such request for
    21  hearing is not made within thirty days of such denial or suspension, the
    22  offer to hold a hearing shall be deemed to be withdrawn.
    23    (ii) A physician's,  physician  assistant's  or  nurse  practitioner's
    24  statement shall not be acceptable unless such licensed physician, physi-
    25  cian  assistant  or  nurse  practitioner  has  attended  or examined the
    26  patient within one hundred twenty days of the date  of  such  statement,
    27  and  if required by the commissioner, may be required to be submitted by
    28  a physician licensed in a specialty  appropriate  to  the  condition  in
    29  question.
    30    e.  The commissioner may require the submission of physicians', physi-
    31  cian assistants' or nurse practitioners' statements on a scheduled basis
    32  as a condition of licensing in those cases in which a person has experi-
    33  enced loss of consciousness but meets standards of fitness as set  forth
    34  in  rules and regulations prescribed by the commissioner, and the physi-
    35  cian's, physician assistant's or nurse  practitioner's  statement  indi-
    36  cates  that medication is being taken to meet such standards and, in the
    37  opinion of either the submitting physician, physician assistant or nurse
    38  practitioner  or  the  medical  consultant  to  the  commissioner,   the
    39  submission of such scheduled physician's, physician assistant's or nurse
    40  practitioner's statements is considered necessary or desirable. However,
    41  the  provisions  of this subdivision shall not be applicable in any case
    42  where a person has been seizure free without medication  for  a  minimum
    43  period  of  one year and submits a physician's, physician assistant's or
    44  nurse practitioner's statement.
    45    f. Any hearing held pursuant to this subdivision shall be conducted in
    46  conformity with the provisions of the state administrative procedure act
    47  and any regulations promulgated by the commissioner thereunder. Judicial
    48  review of a determination made by the commissioner after a hearing  held
    49  pursuant to this subdivision may be had without an administrative appeal
    50  being made pursuant to article three-A of this chapter.
    51    § 2. This act shall take effect on the one hundred eightieth day after
    52  it shall have become a law.  Effective immediately, the addition, amend-
    53  ment and/or repeal of any rule or regulation necessary for the implemen-
    54  tation  of  this act on its effective date are authorized to be made and
    55  completed on or before such effective date.