S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8983
 
                           I N  A S S E M B L Y
 
                              January 7, 2020
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to evidence  of
   loss  of  consciousness  for  the  purposes  of maintaining a driver's
   license
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  8  of section 502 of the vehicle and traffic
 law, as added by a chapter of the laws of 2019 amending the vehicle  and
 traffic law relating to the licensing of drivers where there is evidence
 of  the loss of consciousness by such person, as proposed in legislative
 bills numbers S.5225-A and A.4751-A, is amended to read as follows:
   [8] 9. Loss of consciousness. a. This subdivision shall apply  to  any
 applicant  for  an  original driver's license in this state who has ever
 suffered a loss of consciousness, to any applicant for a  renewal  driv-
 er's  license  who has suffered a loss of consciousness since his or her
 last license was issued in this state, to any person who is required  to
 submit  physicians',  physician  assistants',  or  nurse  practitioners'
 statements, in such form as the commissioner may require, as a condition
 for continuing licensing, and to  persons  holding  a  driver's  license
 concerning  whom  the  commissioner  has  received  evidence  of loss of
 consciousness.
   b. As used in this subdivision, the following  terms  shall  have  the
 following  meanings: "loss of consciousness" shall mean the condition of
 not being aware of one's surroundings or  of  one's  existence  and  the
 inability  to  receive, interpret or react to sensory impressions as the
 result of epilepsy, syncope, cataplexy, narcolepsy and  other  disorders
 affecting consciousness and control; and "evidence of loss of conscious-
 ness"  shall mean a police accident report filed pursuant to section six
 hundred three of this chapter indicating a  loss  of  consciousness,  no
 matter  how  [denominate]  DENOMINATED,  as the cause of an accident, or
 admission by an applicant or licensee, or a complaint alleging  loss  of
 consciousness received from police agencies and others.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02083-04-0

 A. 8983                             2
 
   c.  A person to whom this part is applicable shall be deemed to be fit
 for licensing only as determined by the commissioner in accordance  with
 section 9.3 of part 9 of title 15 of the codes, rules and regulations of
 the state of New York as prescribed by the commissioner.
   d.  (i)  Upon  [receipt  of  an  application  for an original driver's
 license, or for renewal of a driver's  license,  or  upon]  a  scheduled
 review  of  A STATEMENT AS REQUIRED UNDER PARAGRAPH E OF THIS SECTION OR
 UPON RECEIPT OF evidence FROM A POLICE AGENCY, POLICE ACCIDENT REPORT OR
 PHYSICIAN, PHYSICIAN ASSISTANT OR  NURSE  PRACTITIONER  confirmed  by  a
 department  hearing  or  investigation that a licensee has experienced a
 lack of consciousness, or  if  the  commissioner  has  not  received  an
 acceptable  physician's,  physician  assistant's or nurse practitioner's
 statement as defined in subparagraph [(ii)] (III) of this paragraph, or,
 if such a statement is received but the commissioner's medical  consult-
 ant  finds  grounds  to disagree with or to question a recommendation of
 such physician,  physician  assistant  or  nurse  practitioner  made  in
 accordance  with  the provisions of section 9.3 of part 9 of title 15 of
 the codes, rules and regulations of the state of New York,  the  commis-
 sioner shall deny or suspend such license, whichever is appropriate, and
 offer  to  hold a department hearing to review such action, upon written
 request of such person. If such request for hearing is not  made  within
 thirty  days  of  such denial or suspension, the offer to hold a hearing
 shall be deemed to be withdrawn.  NOTWITHSTANDING THE OFFER  TO  HOLD  A
 DEPARTMENT  HEARING  TO  REVIEW  THE  DENIAL OR SUSPENSION, A DEPARTMENT
 HEARING WILL NOT BE HELD UNTIL SUCH TIME AS THE MOTORIST SUBMITS TO  THE
 COMMISSIONER  A  PHYSICIAN,  PHYSICIAN  ASSISTANT  OR NURSE PRACTITIONER
 STATEMENT AS REQUIRED UNDER THE PROVISIONS OF PART 9 OF TITLE 15 OF  THE
 CODES,  RULES  AND  REGULATIONS OF THE STATE OF NEW YORK AND THE COMMIS-
 SIONER AND THE COMMISSIONER'S MEDICAL  CONSULTANTS  HAVE  REVIEWED  SUCH
 STATEMENTS  WITHIN A REASONABLE PERIOD OF TIME. THE DENIAL OR SUSPENSION
 SHALL REMAIN IN EFFECT UNTIL A DEPARTMENT HEARING IS HELD TO REVIEW SUCH
 DENIAL OR SUSPENSION OR AFTER REVIEW OF THE PHYSICIAN, PHYSICIAN ASSIST-
 ANT OR NURSE PRACTITIONER STATEMENT THE  COMMISSIONER  AND  HIS  OR  HER
 MEDICAL CONSULTANTS FINDS NO GROUNDS TO DISAGREE WITH OR TO QUESTION THE
 PHYSICIAN'S, PHYSICIAN ASSISTANT'S OR NURSE PRACTITIONER'S STATEMENT.
   (ii)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBPARAGRAPH  (I)  OF THIS
 SECTION, UPON  RECEIPT  OF  AN  APPLICATION  FOR  AN  ORIGINAL  DRIVER'S
 LICENSE,  OR  FOR  RENEWAL  OF  A  DRIVER'S  LICENSE, OR UPON RECEIPT OF
 EVIDENCE FROM A SOURCE OTHER  THAN  A  POLICE  AGENCY,  POLICE  ACCIDENT
 REPORT   OR   PHYSICIAN,  PHYSICIAN  ASSISTANT  OR  NURSE  PRACTITIONER,
 CONFIRMED BY A DEPARTMENT HEARING OR INVESTIGATION THAT A  LICENSEE  HAS
 EXPERIENCED  A  LOSS OF CONSCIOUSNESS, THE COMMISSIONER SHALL, UNLESS HE
 OR SHE DEEMS SUCH PERSON'S OPERATION OF A  MOTOR  VEHICLE  ON  A  PUBLIC
 HIGHWAY TO BE AN IMMEDIATE HAZARD, SEND TO SUCH PERSON A PROPOSED DENIAL
 OR  SUSPENSION  OF  LICENSE,  WHICHEVER IS APPROPRIATE, WITH AN OFFER TO
 WITHHOLD SUCH ACTION UNTIL AFTER A DEPARTMENT HEARING, IF  SUCH  HEARING
 IS  REQUESTED BY SUCH PERSON. THE FAILURE OF SUCH PERSON TO REPLY TO THE
 COMMISSIONER, EITHER ACCEPTING THE DENIAL OR SUSPENSION OR REQUESTING  A
 HEARING,  WITHIN THIRTY DAYS OF THE DATE OF SUCH NOTICE, SHALL RESULT IN
 THE IMPOSITION OF THE DENIAL OR SUSPENSION. IF  THE  COMMISSIONER  DEEMS
 ANY SUCH PERSON'S OPERATION OF A MOTOR VEHICLE ON A PUBLIC HIGHWAY TO BE
 AN  IMMEDIATE  HAZARD,  HE  OR SHE SHALL DENY OR SUSPEND SUCH LICENSE AS
 REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH  AND  SUCH  DENIAL  OR
 SUSPENSION  SHALL BE SUBJECT TO THE PROVISIONS OF SUCH SUBPARAGRAPH (I).
 FOR THE PURPOSES OF THIS SUBPARAGRAPH, A PERSON'S OPERATION OF  A  MOTOR
 VEHICLE  ON  A PUBLIC HIGHWAY SHALL BE DEEMED TO CONSTITUTE AN IMMEDIATE

 A. 8983                             3
 
 HAZARD IF THE COMMISSIONER HAS RECEIVED EVIDENCE THAT SUCH PERSON'S LOSS
 OF CONSCIOUSNESS HAS CAUSED OR CONTRIBUTED TO A MOTOR VEHICLE ACCIDENT.
   (III)  A  physician's,  physician  assistant's or nurse practitioner's
 statement shall not be acceptable unless such licensed physician, physi-
 cian assistant or  nurse  practitioner  has  attended  or  examined  the
 patient  within  one  hundred twenty days of the date of such statement,
 and if required by the commissioner, may be required to be submitted  by
 a  physician  licensed  in  a  specialty appropriate to the condition in
 question.
   e. The commissioner may require the submission of physicians',  physi-
 cian assistants' or nurse practitioners' statements on a scheduled basis
 as a condition of licensing in those cases in which a person has experi-
 enced  loss of consciousness but meets standards of fitness as set forth
 in rules and regulations prescribed by the commissioner, and the  physi-
 cian's,  physician  assistant's  or nurse practitioner's statement indi-
 cates that medication is being taken to meet such standards and, in  the
 opinion of either the submitting physician, physician assistant or nurse
 practitioner   or  the  medical  consultant  to  the  commissioner,  the
 submission of such scheduled physician's, physician assistant's or nurse
 practitioner's statements is considered necessary or desirable. However,
 the provisions of this subdivision shall not be applicable in  any  case
 where  a  person  has been seizure free without medication for a minimum
 period of one year and submits a physician's, physician  assistant's  or
 nurse practitioner's statement.
   f. Any hearing held pursuant to this subdivision shall be conducted in
 conformity with the provisions of the state administrative procedure act
 and any regulations promulgated by the commissioner thereunder. Judicial
 review  of a determination made by the commissioner after a hearing held
 pursuant to this subdivision may be had without an administrative appeal
 being made pursuant to article three-A of this chapter.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2019 amending the vehicle and traffic
 law  relating to the licensing of drivers where there is evidence of the
 loss of consciousness by such person, as proposed in  legislative  bills
 numbers S.5225-A and A.4751-A, takes effect.