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
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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.