senate Bill S539A

Establishes a pilot program authorizing the department of motor vehicles to include certain emergency medical information on drivers database

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Apr / 2011
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 04 / Apr / 2011
    • PRINT NUMBER 539A
  • 03 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Establishes a pilot program directing the department of motor vehicles to establish a confidential database of the emergency medical information of drivers who elect to participate; such information would only be provided to emergency medical personnel when a participant was in need of care.

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Bill Details

See Assembly Version of this Bill:
A4923A
Versions:
S539
S539A
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§504, 503, 507, V & T L; amd §206, Pub Health L
Versions Introduced in 2009-2010 Legislative Cycle:
S1830, A9958

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Sponsor Memo

BILL NUMBER:S539A

TITLE OF BILL:

An act
to amend the vehicle and traffic law and the public health law, in
relation to establishing a pilot program authorizing the department of
motor vehicles to include certain health information on persons
who elect to participate in such program

PURPOSE:

To establish a pilot program to create a emergency medical information
data base for those persons who hold a New York State Driver's
Licenses. Such data base would be accessible only to Emergency
Medical Technicians (EMT) who are performing Emergency Medical
services at the scene of an accident. Such medical information may
include blood type, allergies to medications or other substances,
cardiac information, or any chronic condition deemed relevant by the
commissioner of Health and emergency contact information. Such
information shall not be placed on the Driver's License, but
accessible via a DMV data base in a manner similar to the DMV data
base that is already maintained document: whether a driver is covered
under an auto insurance policy and the driver's driving and accident
record and criminal history related to the operation of a motor
vehicle.

SUMMARY OF PROVISIONS:

Section 1: Amend Vehicle & Traffic Law section 502 to give a driver's
license applicant the option to provide emergency medical information
that may be accessed by EMTs during a motor vehicle accident or other
trauma situation.

Section 2: Amends Vehicle & Traffic Law section 503 to place on all
applications for renewal of a license, the option for the applicant
to provide emergency medical information or to alter emergency
medical information that was provided for previously to DMV.

Section 3: Amends Vehicle & Traffic Law section 507 to establish the
parameters of the emergency medical information pilot program. Unlike
other proposals which mandate that the driver's license be altered to
place sensitive medical information on such card, this bill will
allow the EMT to access this information by coding in the already
existing Driver's License number or bar code on the back of the
license to obtain sensitive emergency medical information. This
system is already in place at DMV for police officers to access
driving records and auto insurance status. This is
merely an extension of that program. In addition, this system will be
far easier to establish and maintain. This is because there will be
no need to continually update the driving record of the licensee or
communicate with auto insurers on the status of auto insurance
coverage to maintain an accurate data base. All information shall
come directly from the license applicant.


The kinds of emergency medical information that could be included in
this data base are blood type, emergency contact information,
allergies to medicine or other substances, chronic heart conditions,
or other pertinent medical information suggested to be included by DOH.

This section has safeguards so that sensitive medical information can
only be accessed by EMTs. Further that DMV may not disclose or sell
this information.

While there are already existing systems of data collection that DMV
performs to access driving records and insurance information, the
sponsor is still sensitive to the need for DMV to have a long lead
time to set this protocol up. For this reason, the effective date to
establish this pilot program is 18 months. Further, DMV has the sole
discretion to extend the implementation date for an additional 18
months or slowly implement the program in certain regions or counties
of the state first to work out any systems bugs that may exist.

Section 4: Amends Public Health Law section 206, which provides for
the general powers and duties of the Health Commissioner to include
cooperating with the DMV in establishing the Emergency Medical
Information Pilot Program.
DOH's assistance will be mostly in advising DMV on what types of
emergency medical information that should be solicited from driver's
license applicants.

EXISTING LAW:

No provision currently exists for inclusion of a licensee's blood type
or other emergency medical information that could be accessed via a
New York State Driver's License.

JUSTIFICATION:

Time is of the essence when emergency medical staff are treating acute
trauma injuries of accident victims at the scene of an auto accident
or in other situations. One way to save valuable time and increase
the effectiveness of providing emergency medical care is to ensure
that a person's blood type and other important emergency medical
information is easily accessible to and known by emergency responders
and police personnel as soon as possible at the scene of an accident.

The ABO blood group system, discovered in 1901, contains 4 blood
types: ABABA and O. The Rh, or rhysus, system classifies blood into
Rh-positive and Rhnegative categories. ABa incompatibilities are the
major cause of fatal transfusion reactions; Rh antibodies develop as
an adverse response after transfusion. Typing and cross matching
blood ensures a safe match, but takes time and effort that may not be
spared in an active life saving situation.

Type 0, which is 'universal donor blood', may often be used, but is
typically in very short supply.

With over 2 million traffic accidents annually and many other
incidents, accidents and rescue situations occurring regularly,
providing quick access to blood type information, and other important
medical information such as allergies to medicines or other


substances, cardiac information, other chronic conditions, and
emergency contact information should help to ensure the delivery of
swift and effective medical assistance.

LEGISLATIVE HISTORY:

2004: A.3197 - Referred to Transportation
2006: S.3293 - Referred to Transportation
2008: S.2233 - Referred to Transportation
2010: S.1830 - Referred to Transportation

FISCAL IMPLICATIONS:

Minimal cost to DMV of including a space on licenses for blood type
information.

EFFECTIVE DATE:

18 months after enactment, with the DMV Commissioner authorized to
promulgate necessary rules and regulations immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 539--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, BRESLIN, CARLUCCI, SAMPSON, SAVINO, SMITH,
  VALESKY -- read twice and ordered printed,  and  when  printed  to  be
  committed  to the Committee on Transportation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to amend the vehicle and traffic law and the public health law,
  in relation to establishing a pilot program authorizing the department
  of motor vehicles to include certain health information on persons who
  elect to participate in such program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision 1 of section 502 of the vehicle and traffic
law, as amended by chapter 639 of the laws of 2006, is amended  to  read
as follows:
  1.  Application for license.  Application for a driver's license shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant  in  accordance  with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide  his  or  her
social  security number and provide space on the application so that the
applicant may register in the New York  state  organ  and  tissue  donor
registry under section forty-three hundred ten of the public health law.
IN  ADDITION,  THE  COMMISSIONER  SHALL PROVIDE SPACE ON THE APPLICATION
WHEREBY THE APPLICANT  MAY  PROVIDE  EMERGENCY  MEDICAL  INFORMATION  IN
ACCORDANCE  WITH  SUBDIVISION  SIX OF SECTION FIVE HUNDRED SEVEN OF THIS
ARTICLE. In addition, an applicant for a commercial driver's license who
will operate a commercial motor vehicle  in  interstate  commerce  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04224-02-1

S. 539--A                           2

certify  that such applicant meets the requirements to operate a commer-
cial motor vehicle, as set forth in public law 99-570,  title  XII,  and
title 49 of the code of federal regulations, and all regulations promul-
gated by the United States secretary of transportation under the hazard-
ous  materials  transportation act. Upon a determination that the holder
of a commercial driver's license has  made  any  false  statement,  with
respect  to  the  application  for  such license, the commissioner shall
revoke such license.
  S 2. Section 503 of the vehicle and traffic law is amended by adding a
new subdivision 5 to read as follows:
  5. EMERGENCY MEDICAL INFORMATION. THE COMMISSIONER SHALL PROVIDE SPACE
ON THE APPLICATION FOR RENEWAL OF A LICENSE WHEREBY  THE  APPLICANT  MAY
PROVIDE EMERGENCY MEDICAL INFORMATION, OR CORRECT, AFFIRM, UPDATE AND/OR
ELIMINATE  ANY  EMERGENCY MEDICAL INFORMATION PREVIOUSLY PROVIDED TO THE
DEPARTMENT BY THE  APPLICANT  IN  ACCORDANCE  WITH  SUBDIVISION  SIX  OF
SECTION FIVE HUNDRED SEVEN OF THIS ARTICLE.
  S 3. Section 507 of the vehicle and traffic law is amended by adding a
new subdivision 6 to read as follows:
  6.  EMERGENCY MEDICAL INFORMATION PILOT PROGRAM. (A) THE COMMISSIONER,
IN COOPERATION WITH THE COMMISSIONER OF HEALTH, SHALL ESTABLISH A  PILOT
PROGRAM TO CREATE AND MAINTAIN AN EMERGENCY MEDICAL INFORMATION DATABASE
ON  HOLDERS  OF  DRIVERS LICENSES WHO KNOWINGLY AND VOLUNTARILY ELECT TO
PROVIDE  SUCH  INFORMATION  TO  THE  DEPARTMENT  FOR  PURPOSES  OF   THE
PROVISIONS  OF EMERGENCY MEDICAL TREATMENT PURSUANT TO ARTICLE THIRTY OF
THE PUBLIC HEALTH LAW. SUCH DATABASE SHALL BE DEVELOPED AND  IMPLEMENTED
BY THE DEPARTMENT WHICH SHALL SEEK TECHNICAL ASSISTANCE FROM THE DEPART-
MENT  OF  HEALTH AND PROVIDERS OF EMERGENCY MEDICAL SERVICES. SUCH PILOT
PROGRAM SHALL INCLUDE THE FOLLOWING ELEMENTS:
  (I) THE OPTION FOR AN APPLICANT FOR OR HOLDER OF A DRIVERS LICENSE  TO
PROVIDE HIS OR HER BLOOD TYPE, ANY ALLERGIES TO MEDICATIONS AND/OR OTHER
SUBSTANCES  OR  ORGANISMS,  EMERGENCY  CONTACT  INFORMATION, ANY CARDIAC
CONDITIONS, ANY CHRONIC CONDITION, AND/OR ANY CONDITION DEEMED  RELEVANT
TO EMERGENCY MEDICAL TREATMENT BY THE COMMISSIONER OF HEALTH;
  (II) PROVISIONS AUTHORIZING THE DISCLOSURE TO AND BY THE DEPARTMENT OF
AN  APPLICANT'S  EMERGENCY  MEDICAL  INFORMATION  WHICH  COMPLY WITH THE
PROVISIONS OF STATE AND FEDERAL LAW RELATING TO THE  CONFIDENTIALLY  AND
DISCLOSURE OF MEDICAL INFORMATION;
  (III) THE PROVISION OF THE EMERGENCY MEDICAL INFORMATION OF THE HOLDER
OF  A  DRIVER  LICENSE, WHO ELECTS TO PARTICIPATE IN THIS PROGRAM, BASED
UPON THE IDENTIFICATION NUMBER OF SUCH LICENSE OR THE SCANNABLE BAR CODE
THEREON, TO A POLICE OFFICER, EMERGENCY MEDICAL TECHNICIAN  OR  ADVANCED
EMERGENCY  MEDICAL TECHNICIAN WHO IS PRESENT AT A LOCATION AT WHICH SUCH
HOLDER REQUIRES EMERGENCY MEDICAL TREATMENT;
  (IV) THAT THE INFORMATION INCLUDED IN THE DATABASE SHALL BE  CONFIDEN-
TIAL  AND  SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW. FURTHERMORE, SUCH INFORMATION  SHALL  BE  MAIN-
TAINED  AND  SHALL ONLY BE DISCLOSED IN ACCORDANCE WITH THIS SUBDIVISION
AND THE PROVISION OF STATE AND FEDERAL LAWS RELATING TO MEDICAL INFORMA-
TION; AND
  (V) A REQUIREMENT THAT EACH APPLICANT FOR  AND  HOLDER  OF  A  DRIVERS
LICENSE,  WHO ELECTS TO PARTICIPATE IN THE PILOT PROGRAM GRANTS A WAIVER
OF LIABILITY TO THE DEPARTMENT AND ITS OFFICERS AND  EMPLOYEES,  IF  THE
INFORMATION PROVIDED PURSUANT TO THIS CAUSES PERSONAL INJURY OR DEATH TO
SUCH  PERSON,  OR  IF THE DEPARTMENT IS PROVIDED WITH INCORRECT INFORMA-
TION.

S. 539--A                           3

  (B) THE DEPARTMENT MAY INITIALLY LIMIT THE SCOPE OF THE PILOT  PROGRAM
TO  A SELECT NUMBER OF REGIONS AND/OR COUNTIES OF THE STATE FOR A PERIOD
OF NOT MORE THAN EIGHTEEN MONTHS, UNLESS THE COMMISSIONER  SHALL  DETER-
MINE  THAT  THE IMPLEMENTATION OF THE PILOT PROGRAM STATEWIDE AFTER SUCH
EIGHTEEN  MONTH  PERIOD OF TIME. IF THE COMMISSIONER POSTPONES THE PILOT
PROGRAM STATEWIDE, SUCH POSTPONEMENT SHALL BE FOR AN ADDITIONAL EIGHTEEN
MONTHS AND HE OR SHE SHALL REPORT TO THE  LEGISLATURE  THE  REASONS  WHY
SUCH  PROGRAM  CANNOT  BE  FULLY IMPLEMENTED AND REQUEST THAT THE LAW BE
AMENDED TO DELAY ITS IMPLEMENTATION.
  (C) THE COMMISSIONER MAY SUBMIT TO THE  LEGISLATURE  SUCH  LEGISLATIVE
PROPOSALS  AS  HE OR SHE SHALL DEEM NECESSARY TO FACILITATE AND MINIMIZE
THE COST OF THE IMPLEMENTATION OF THE PILOT PROGRAM.
  S 4. Subdivision 1 of section 206 of the public health law is  amended
by adding a new paragraph (s) to read as follows:
  (S)  COOPERATE  WITH  THE COMMISSIONER OF MOTOR VEHICLES, TO ESTABLISH
AND IMPLEMENT THE EMERGENCY MEDICAL INFORMATION PILOT  PROGRAM  PURSUANT
TO  SUBDIVISION  SIX  OF  SECTION  FIVE HUNDRED SEVEN OF THE VEHICLE AND
TRAFFIC LAW.
  S 5. This act shall take effect eighteen months after  it  shall  have
become  a  law, provided that, effective immediately, any actions neces-
sary to implement the provisions of this act on its effective  date  are
authorized and directed to be completed on or before such date.

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