S T A T E O F N E W Y O R K
________________________________________________________________________
9065
I N S E N A T E
June 15, 2018
___________
Introduced by Sen. HAMILTON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT authorizing and directing the department of health to conduct a
study on physicians and other licensed healthcare professionals
reporting medical conditions that may impair the ability of a motorist
to drive a motor vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The department of health, in consultation with the depart-
ment of motor vehicles, division of state police, medical society of the
state of New York, the nurse practitioner association of New York state
and any other agencies or political subdivisions or parties with exper-
tise it deems necessary, shall conduct a study and make recommendations
regarding physicians and other licensed healthcare professionals report-
ing medical conditions that may impair the ability of a motorist to
drive a motor vehicle to the department of health and department of
motor vehicles. Such recommendations shall include, but not be limited
to: (a) methods for licensed healthcare professionals to identify condi-
tions that pose a significant risk to the safe operation of a motor
vehicle; (b) the use of uniform validated measures for determining the
degree of impairment of the motorist; (c) a mechanism, including the use
of existing mechanisms, for healthcare professionals to report such
conditions to the department of motor vehicles while protecting patient
confidentiality; and (d) the development of a professional standard of
performance for physicians and other licensed healthcare professionals
reporting conditions that may pose a significant risk to the safe opera-
tion of a motor vehicle. The study shall also include recommendations
for improving and expanding use of the department of motor vehicles
medical review program regarding the reexamination of currently licensed
motorists that may not be qualified to drive a motor vehicle due to a
chronic, ongoing condition that may cause loss of consciousness, aware-
ness or body control and proper reporting of accidents in which a
medical condition contributed to causation. The report may also include
recommendations on additional mechanisms, including without limitation
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16318-01-8
S. 9065 2
administrative or statutory remedies and public outreach campaigns, to
increase self-reporting of medical conditions that may impair a motor-
ist's ability to operate a motor vehicle.
§ 2. The study shall be completed and a report with any recommenda-
tions, including findings and justification for the development of the
professional standard of performance, shall be submitted to the gover-
nor, the temporary president of the senate, the speaker of the assembly,
the chair of the senate transportation committee, the chair of the
assembly transportation committee, the chair of the senate health
committee and the chair of the assembly health committee within one year
of the effective date of this act.
§ 3. This act shall take effect immediately.