S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10050--A
 
                           I N  A S S E M B L Y
 
                               March 8, 2018
                                ___________
 
 Introduced  by M. of A. CARROLL, DICKENS, MOSLEY, WEPRIN, RIVERA, BLAKE,
   D'URSO, COOK -- Multi-Sponsored by -- M. of A. DAVILA -- read once and
   referred to the Committee on  Health  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public health law and the vehicle and  traffic  law,
   in  relation  to  requiring reporting of certain medical conditions to
   the department of health and the department of motor vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new article
 20-B to read as follows:
                               ARTICLE 20-B
                      REPORTING OF IMPAIRING AILMENTS
 SECTION 2020. DEFINITIONS.
         2021. PHYSICIANS AND FACILITIES; DUTY TO REPORT.
         2022. CONTENTS OF REPORT.
         2023. REPORTING BY MOTORIST.
         2024. DUTIES OF COMMISSIONER.
   § 2020. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "FACILITY" SHALL MEAN ANY GOVERNMENTAL OR PRIVATE  AGENCY,  DEPART-
 MENT, INSTITUTION, CLINIC,  LABORATORY, HOSPITAL, NURSING CARE FACILITY,
 HEALTH  MAINTENANCE  ORGANIZATION,  ASSOCIATION  OR OTHER SIMILAR ENTITY
 THAT PROVIDES MEDICAL CARE.
   2. "IMPAIRING AILMENT" SHALL MEAN  ANY  OF  THE  FOLLOWING:  RECURRENT
 CONVULSIVE  SEIZURES, RECURRENT PERIOD OF UNCONSCIOUSNESS OR IMPAIRMENT,
 OR LOSS OR IMPAIRED OF MOTOR COORDINATION DUE TO CONDITIONS SUCH AS, BUT
 NOT LIMITED TO, EPILEPSY IN ANY OF ITS  FORMS  WHICH  PERSIST  OR  RECUR
 DESPITE MEDICAL TREATMENT.
   § 2021. PHYSICIANS AND FACILITIES; DUTY TO REPORT. AN ATTENDING PHYSI-
 CIAN  OR  A PERSON  REPRESENTING OR EMPLOYED BY A FACILITY AS DEFINED BY
 THE COMMISSIONER SHALL REPORT THE EXISTENCE OF AN IMPAIRING  AILMENT  TO
 THE  DEPARTMENT  AND THE DEPARTMENT OF MOTOR VEHICLES WITHIN TWENTY-FOUR
 HOURS OF DETERMINING THE EXISTENCE OF AN IMPAIRING AILMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15025-04-8

 A. 10050--A                         2
 
   § 2022. CONTENTS OF REPORT. THE REPORT AS SET  FORTH  IN  SECTION  TWO
 THOUSAND  TWENTY-ONE  OF THIS   ARTICLE SHALL BE DESIGNATED AN IMPAIRING
 AILMENT REPORT AND SHALL CONTAIN INFORMATION  WHICH  THE    COMMISSIONER
 ESTABLISHES AS NECESSARY TO IDENTIFY THE PATIENT SUFFERING THE IMPAIRING
 AILMENT  AND  INVESTIGATE, INCLUDING, BUT NOT LIMITED TO, THE DIAGNOSIS,
 CURRENT TREATMENT, OCCURENCE, FREQUENCY, INCIDENCE,  CAUSE,  EFFECT  AND
 PROGNOSIS OF THE IMPAIRING AILMENT. THE REPORT SHALL ALSO INCLUDE IF THE
 PATIENT IS SUFFERING CHRONICALLY FROM THE IMPAIRING AILMENT SUCH THAT IT
 IS UNSAFE FOR SUCH PATIENT TO OPERATE A MOTOR VEHICLE.
   §  2023.  REPORTING  BY MOTORIST. WHEN THE COMMISSIONER OR THE COMMIS-
 SIONER OF MOTOR VEHICLES BECOMES AWARE, UPON INFORMATION RECEIVED OR  AS
 A RESULT OF AN INVESTIGATION CONDUCTED, THAT A LICENSED DRIVER OR APPLI-
 CANT  FOR A LEARNER'S PERMIT OR DRIVER'S LICENSE SUFFERS OR HAS SUFFERED
 FROM AN IMPAIRING AILMENT, SUCH  COMMISSIONERS  MAY  REQUIRE  FROM  SUCH
 PERSON:
   1.  A  STATEMENT BY THE APPLICANT OR LICENSEE OF HIS OR HER HISTORY OF
 IMPAIRING AILMENTS; AND
   2. ANY OTHER INFORMATION WHICH SUCH COMMISSIONERS MAY  DEEM  NECESSARY
 TO  EVALUATE  THE  APPLICANT'S  OR LICENSEE'S QUALIFICATION TO OPERATE A
 MOTOR VEHICLE.
   § 2024. DUTIES OF  COMMISSIONER.  THE  COMMISSIONER  SHALL  PROMULGATE
 RULES  AND  REGULATIONS  TO  IMPLEMENT  THE  PROVISIONS OF THIS ARTICLE,
 INCLUDING BUT NOT LIMITED TO:
   1. DEFINING A PERSON REPRESENTING OR EMPLOYED BY A FACILITY;
   2. ESTABLISHING THE FORM, CONTENT AND MANNER OF FILING  THE  IMPAIRING
 AILMENT REPORT;
   3. PRESCRIBING THE PERMISSIBLE USES FOR THE INFORMATION MADE AVAILABLE
 PURSUANT TO THIS ARTICLE;
   4. ESTABLISHING PROCEDURES TO MAINTAIN THE CONFIDENTIALITY OF INFORMA-
 TION PROVIDED TO PERSONS PURSUANT TO THIS ARTICLE; AND
   5.  ESTABLISHING,  IN CONJUNCTION WITH THE COMMISSIONER OF MOTOR VEHI-
 CLES, A METHOD FOR AN ATTENDING PHYSICIAN OR A  PERSON  REPRESENTING  OR
 EMPLOYED  BY  A FACILITY AS DEFINED BY THE COMMISSIONER TO REPORT TO THE
 DEPARTMENT AND THE DEPARTMENT OF MOTOR  VEHICLES  THE  EXISTENCE  OF  AN
 IMPAIRING AILMENT.
   § 2. Section 510 of the vehicle and traffic law is amended by adding a
 new subdivision 12 to read as follows:
   12. A. WHERE THE COMMISSIONER HAS RECEIVED AN IMPAIRING AILMENT REPORT
 PURSUANT  TO  ARTICLE  TWENTY-B  OF THE PUBLIC HEALTH LAW, IF THE REPORT
 SHOWS THAT THE IMPAIRING AILMENT IS A CHRONIC IMPAIRMENT TO DRIVING, THE
 COMMISSIONER MAY SUSPEND THE LICENSE OF THE PERSON  AFFLICTED  WITH  THE
 IMPAIRING AILMENT.
   B.  ANY  PERSON  SIXTEEN  YEARS OF AGE OR OLDER WHO SUFFERS OR WHO HAS
 SUFFERED  FROM  RECURRENT  CONVULSIVE  SEIZURES,  RECURRENT  PERIODS  OF
 IMPAIRED CONSCIOUSNESS, OR FROM IMPAIRMENT OR LOSS OF MOTOR COORDINATION
 DUE  TO A CONDITION SUCH AS, BUT NOT LIMITED TO, EPILEPSY, IN ANY OF ITS
 FORMS, SHALL, AS A PREREQUISITE TO THE ISSUANCE OF A LEARNER'S PERMIT OR
 DRIVER'S LICENSE, RENEWAL OF A DRIVER'S LICENSE, RESTORATION OF A  DRIV-
 ER'S  LICENSE,  OR  RETENTION  OF  A  DRIVER'S LICENSE, ESTABLISH TO THE
 SATISFACTION OF THE COMMISSIONER THAT HE  OR  SHE  HAS  BEEN  FREE  FROM
 RECURRENT  CONVULSIVE SEIZURES, RECURRENT PERIODS OF IMPAIRED CONSCIOUS-
 NESS, OR FROM IMPAIRMENT OR LOSS OF MOTOR COORDINATION FOR A  PERIOD  OF
 SIX  MONTHS  WITH OR WITHOUT MEDICATION AND THAT HE OR SHE IS PHYSICALLY
 QUALIFIED TO OPERATE A MOTOR VEHICLE.
   C. IF A DRIVER'S LICENSE OR PERMIT IS DENIED, SUSPENDED,  REVOKED,  OR
 ALTERED UNDER THIS SUBDIVISION, THE PERSON HAS A RIGHT TO APPEAL A DECI-

 A. 10050--A                         3
 
 SION  OF  THE  COMMISSION.  IN  ORDER TO APPEAL, A PERSON MUST REQUEST A
 FORMAL HEARING, IN WRITING, FROM THE COMMISSION WITHIN TWENTY-FIVE  DAYS
 OF  THE  DECISION.  THE REQUEST MUST INCLUDE ALL DISPUTED MATERIAL FACTS
 THAT THE APPLICANT/LICENSEE OR HIS OR HER ATTORNEY PLANS TO RAISE AT THE
 HEARING.  HOWEVER,  IF  THE SUSPENSION OR REVOCATION OF THE LICENSE IS A
 RESULT OF A DEADLY ACCIDENT, THEN THE LICENSEE  HAS  ONLY  TEN  DAYS  TO
 REQUEST  A  HEARING  AND  LICENSEE  HAS FIFTEEN DAYS IN WHICH TO FILE AN
 EXCEPTION TO AN ADVERSE DECISION WITH THE COMMISSION.  THE  COMMISSION'S
 DECISION  IS  FINAL,  AND MAY BE APPEALED TO THE SUPREME COURT APPELLATE
 DIVISION WITHIN FORTY-FIVE DAYS.
   § 3. This act shall take effect immediately.