S T A T E O F N E W Y O R K
________________________________________________________________________
7700
I N S E N A T E
February 9, 2018
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Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to sleep apnea
testing for commercial vehicle drivers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 509-z to read as follows:
§ 509-Z. MEDICAL EXAMINATIONS. 1. EACH COMMERCIAL VEHICLE CARRIER
SHALL REQUIRE COMMERCIAL DRIVERS TO BE SCREENED FOR SLEEP APNEA, AS
DEFINED IN SUBDIVISION NINE OF SECTION TWO HUNDRED SIXTY-TWO OF THE
PUBLIC HEALTH LAW, PURSUANT TO REGULATIONS ESTABLISHED BY THE COMMIS-
SIONER, BY A PHYSICIAN, A CERTIFIED NURSE PRACTITIONER TO THE EXTENT
AUTHORIZED BY LAW AND CONSISTENT WITH SUBDIVISION THREE OF SECTION SIX
THOUSAND NINE HUNDRED TWO OF THE EDUCATION LAW, OR A REGISTERED PHYSI-
CIAN ASSISTANT WHO IS NOT THE PERSONAL PHYSICIAN, NURSE PRACTITIONER OR
PHYSICIAN ASSISTANT OF THE DRIVER.
2. THE COMMISSIONER SHALL ESTABLISH QUALIFICATION STANDARDS FOR
COMMERCIAL DRIVERS WHO TEST POSITIVE FOR SLEEP APNEA AND SHALL REQUIRE
QUALIFICATION TO BE EMPLOYED AS A COMMERCIAL DRIVER BE DEPENDENT ON
DOCUMENTATION OF COMPLIANCE WITH TREATMENT FOR SLEEP APNEA.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14709-01-8