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.