S T A T E   O F   N E W   Y O R K
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                                  5372

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. ERRIGO, BURLING, FINCH, KOLB, TOBACCO, WALKER --
  Multi-Sponsored by -- M. of A. CALHOUN, CROUCH, HAWLEY, MILLER, TEDIS-
  CO -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  confidential reporting of persons who are potentially unfit drivers

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

  Section 1. Subdivision 1 of section 506 of  the  vehicle  and  traffic
law,  as added by chapter 780 of the laws of 1972, is amended to read as
follows:
  1. If the commissioner has reasonable grounds to believe that a person
holding a license issued pursuant to this article is  not  qualified  to
drive  a  motor  vehicle,  the  commissioner  may require such person to
submit to an examination to determine his qualifications.
  FOR PURPOSES OF THIS SUBDIVISION, REASONABLE GROUNDS TO BELIEVE THAT A
LICENSEE IS NOT QUALIFIED TO DRIVE A MOTOR VEHICLE  SHALL  INCLUDE,  BUT
SHALL NOT BE LIMITED TO, A REPORT SUBMITTED TO THE COMMISSIONER PURSUANT
TO SECTION FIVE HUNDRED SIX-A OF THIS ARTICLE.
  S  2.  The  vehicle and traffic law is amended by adding a new section
506-a to read as follows:
  S 506-A. REPORTING OF LICENSEES FOR REEXAMINATION. 1. THE COMMISSIONER
SHALL HAVE REASONABLE GROUNDS TO BELIEVE THAT A PERSON HOLDING A LICENSE
ISSUED PURSUANT TO THIS ARTICLE IS NOT QUALIFIED TO DRIVE A MOTOR  VEHI-
CLE ON THE BASIS OF A REPORT BY:
  (A) ANY POLICE OFFICER;
  (B) ANY PHYSICIAN LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF THE
EDUCATION  LAW, ANY PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED
UNDER ARTICLE ONE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW, ANY  CHIRO-
PRACTOR  LICENSED  UNDER ARTICLE ONE HUNDRED THIRTY-TWO OF THE EDUCATION
LAW,  ANY  PHYSICAL  THERAPIST  LICENSED  UNDER  ARTICLE   ONE   HUNDRED
THIRTY-SIX  OF  THE  EDUCATION LAW, ANY REGISTERED PROFESSIONAL NURSE OR
LICENSED PRACTICAL NURSE LICENSED UNDER ARTICLE ONE HUNDRED  THIRTY-NINE
OF  THE  EDUCATION  LAW,  ANY  PSYCHOLOGIST  LICENSED  UNDER ARTICLE ONE
HUNDRED FIFTY-THREE OF THE EDUCATION LAW, ANY  CERTIFIED  SOCIAL  WORKER

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05842-01-9

A. 5372                             2

LICENSED  UNDER ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW, ANY
OCCUPATIONAL THERAPIST LICENSED UNDER ARTICLE ONE HUNDRED  FIFTY-SIX  OF
THE EDUCATION LAW; OR
  (C)  ANY  MEMBER  OF  THE  LICENSEE'S  FAMILY  WITHIN THREE DEGREES OF
CONSANGUINITY, OR THE LICENSEE'S SPOUSE, WHO  HAS  REACHED  THE  AGE  OF
EIGHTEEN, EXCEPT THAT NO PERSON MAY REPORT THE SAME FAMILY MEMBER PURSU-
ANT TO THIS SECTION MORE THAN ONE TIME DURING A TWELVE MONTH PERIOD.
  2.  REASONABLE  GROUNDS  BY  THE COMMISSIONER TO BELIEVE THAT A PERSON
HOLDING A LICENSE ISSUED PURSUANT TO THIS ARTICLE IS  NOT  QUALIFIED  TO
DRIVE  A  MOTOR  VEHICLE  SHALL NOT BE LIMITED BY THE REASONABLE GROUNDS
BASED ON REPORTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  3. THE REPORT SHALL STATE THAT THE PERSON REASONABLY AND IN GOOD FAITH
BELIEVES THE LICENSEE IS NOT QUALIFIED TO  DRIVE  A  MOTOR  VEHICLE  AND
SHALL  BE  BASED  UPON  PERSONAL  OBSERVATION OR PHYSICAL EVIDENCE WHICH
SHALL BE DESCRIBED IN THE REPORT, OR THE REPORT SHALL BE BASED  UPON  AN
INVESTIGATION  BY  A  POLICE OFFICER.   THE REPORT SHALL BE ON A WRITTEN
FORM PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN THE NAME, ADDRESS,
TELEPHONE NUMBER AND SIGNATURE OF THE PERSON FILING THE REPORT.
  4. ANY PERSON WHO FILES A  REPORT  IN  GOOD  FAITH  PURSUANT  TO  THIS
SECTION  SHALL  BE  IMMUNE FROM ANY CIVIL LIABILITY THAT OTHERWISE MIGHT
RESULT FROM FILING THE REPORT.  THE  EXISTENCE  OF  A  PHYSICIAN-PATIENT
RELATIONSHIP  SHALL  NOT  PREVENT  THE FILING OF A REPORT BY SUCH HEALTH
CARE PROFESSIONALS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL REPORTS
FILED AND ALL MEDICAL RECORDS REVIEWED AND MAINTAINED BY THE COMMISSION-
ER UNDER THIS SECTION SHALL BE KEPT CONFIDENTIAL EXCEPT UPON  THE  ORDER
OF  A  COURT OF COMPETENT JURISDICTION OR IN AN APPEAL FILED PURSUANT TO
ARTICLE THREE-A OF THIS CHAPTER.
  5. ANY PERSON WHO KNOWINGLY VIOLATES A  CONFIDENTIALITY  PROVISION  OF
THIS SECTION OR ENCOURAGES THE UNAUTHORIZED USE OF A REPORT OR REPORTING
PERSON'S  NAME IN VIOLATION OF THIS SECTION SHALL BE GUILTY OF A CLASS A
MISDEMEANOR.
  6. ANY PERSON WHO  INTENTIONALLY  FILES  A  FALSE  REPORT  UNDER  THIS
SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  7.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  8. THE PROVISIONS OF THIS SECTION SHALL CEASE TO BE OF  ANY  FORCE  OR
EFFECT ON OR AFTER JULY FIRST, TWO THOUSAND THIRTEEN.
  S  3.  (1) The commissioner of motor vehicles shall examine and assess
the effectiveness of the reporting program  with  such  examination  and
assessment including, but not limited to, consideration of the:
  (a) quantity of reports;
  (b)  number  of  reexaminations  given to licensees as a result of the
reports;
  (c) number of licensees who fail the reexamination given as  a  result
of the reports;
  (d) the numerical proportion of such reexaminations as compared to the
total number of reports; and
  (e) compliance with confidentiality requirements for the reports.
  (2)  The commissioner of motor vehicles shall  submit a report regard-
ing the examination and assessment set forth  in  this  section  to  the
governor,  temporary  president  of the senate, speaker of the assembly,
minority leader of the assembly and the minority leader of the senate on
or before January 1, 2013.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.