S T A T E   O F   N E W   Y O R K
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                                 4923--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04224-03-1
              

A. 4923--A                          2

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.
  (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

A. 4923--A                          3

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.