NY State Senate Bill 2019-S5225A

Senate Bill S5225A

Signed By Governor

2019-2020 Legislative Session

Relates to the licensing of drivers where there is evidence of the loss of consciousness by such person

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2019	approval memo.85 signed chap.740
Dec 20, 2019	delivered to governor
Jun 18, 2019	returned to senate passed assembly ordered to third reading rules cal.260 substituted for a4751a
Jun 17, 2019	referred to codes delivered to assembly passed senate ordered to third reading cal.1431 committee discharged and committed to rules
Jun 10, 2019	print number 5225a
Jun 10, 2019	amend (t) and recommit to transportation
Apr 17, 2019	referred to transportation

Votes

- Jun 17, 2019 - Floor Vote
  S5225A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 17, 2019 - Rules Committee Vote
  S5225A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2019-S5225 - Details

See Assembly Version of this Bill:: A4751
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S8990, A11121

2019-S5225 - Summary

Authorizes the commissioner of motor vehicles to require the submission of physicians', physicians' assistants or nurse practitioners' statements on a scheduled basis under certain circumstances; relates to the licensing of drivers where there is evidence of the loss of consciousness by such person; defines "loss of consciousness"; makes related provisions.

2019-S5225 - Sponsor Memo

                                
 
BILL NUMBER: S5225

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to authorizing the commissioner of the department of motor
vehicles to require examination of persons involved in an accident which
was caused by a loss of consciousness by such person

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to ensure the safety of pedestrians
and drivers.

 
SUMMARY OF PROVISIONS:

The bill would authorize the Department of Motor Vehicles (DMV) to
require driver's license holders to submit to a DMV reexamination of
their fitness to drive if the licensee experienced a loss of conscious-
ness and was involved in a reportable accident while driving and DMV
receives evidence that the loss of consciousness caused or contributed
to the accident.

The bill also would direct the DMV, in consultation with the Department
of Health and the Division of State Police, to review its medical review
program regarding driver reexamination and the methodologies by which
the DMV receives information establishing the reasonable grounds neces-
sary for the Commissioner of Motor Vehicles to believe that the licensee
may not be qualified to drive due to a chronic, ongoing condition that
may cause loss of consciousness, loss of awareness or loss of body
control. This review must include an examination of the means by which
the DMV is notified by physicians, police officers, or other persons of
issues relating to another person's safe driving performance, identifi-
cation to any impediments to physician, police officer or other person's
reporting, and identification of the procedures DMV could take to reduce
impediments. The review must be submitted to the Governor and the Legis-
lature no later than one year after the effective date of this act.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Subdivision 2 of section 506 allows the Commissioner of Motor Vehicles
to require driver's license holders to submit to a reexamination if the
licensee was involved in three reportable accidents within a period of
18 months.

 
JUSTIFICATION:

Human factors contribute to the majority of motor vehicle crashes in the
State, and many recent crashes highlight a glaring need in state law to
help protect both drivers and pedestrians. This bill is a significant
step toward addressing factors relating to drivers losing consciousness,
awareness or control due to chronic, ongoing conditions. Under current
law, the Commissioner of Motor Vehicles can compel a person holding a
New York State driver's license to submit to a reexamination of their
fitness to drive a motor vehicle if that person was involved in three
reportable crashes within a period of 18 months, or if the Commissioner
has reasonable grounds to believe that a person holding a New York driv-
er's license is not qualified to drive. The Commissioner should have the
authority to compel persons whose lost consciousness behind the wheel
either caused, or contributed to, a crash in which another person was
injured or killed or which caused a reportable level of property damage
in a single crash, instead of after three such crashes over the course
of eighteen months, and this bill would provide that authority.

Additionally, the process by which the Commissioner obtains reasonable
grounds to believe that a person is not qualified to safely operate a
motor vehicle requires that DMV have a "specific reason" related to
driving performance as to why a driver needs to be contacted for a re-e-
valuation. According to DMV procedures, a "specific reason" is a driving
incident, behavior, action or other cause reported to DMV by a physi-
cian, a police officer, or someone who knows or has observed the driver.
Police officers can submit a "Police Agency Request for Driver Review,"
a physician can submit a "Physician's Request for Driver Review," and
concerned individuals can submit a "Request for Driver Review." Addi-
tionally, police officers are required by law to submit accident reports
whenever an accident involving an injury is reported to them, and when-
ever an accident results in a serious physical injury or death.

Despite these available means to make reports, it appears that more
could be done to facilitate the means by which DMV is notified of driv-
ers who may need re-evaluation. To that end, the bill directs DMV, in
consultation with the Department of Health and the Division of State
Police, to review its medical review program and the methodologies by
which DMV receives information regarding an individual's qualification
to safely drive a vehicle. Included in the review is an examination of
the means by which DMV is notified of a driving behavior, incident,
behavior or action that could merit a reexamination of the licensee by
DMV, identification of any impediments to physician, police officer, or
concerned citizen reporting, and procedures that DMV could undertake to
reduce those impediments.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however that section
one of this act shall take effect on the thirtieth day after it shall
have become a law.

2019-S5225 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5225
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 authorizing
   the commissioner of the department of motor vehicles to require  exam-
   ination  of persons involved in an accident which was caused by a loss
   of consciousness by such person
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of section 506 of the vehicle and traffic
 law, as added by chapter 780 of the laws of 1972, is amended to read  as
 follows:
   2.  The commissioner may require every person holding a license issued
 pursuant to this article to submit to such an examination  as  shall  be
 determined by him to be appropriate if (A) such person has been involved
 in  three accidents while driving a motor vehicle or motorcycle within a
 period of eighteen  months,  if  such  accidents  were  required  to  be
 reported by section six hundred five of this chapter, OR (B) SUCH PERSON
 EXPERIENCED  A  LOSS  OF  CONSCIOUSNESS  AND WAS INVOLVED IN AN ACCIDENT
 WHILE DRIVING A MOTOR  VEHICLE  OR  MOTORCYCLE,  IF  SUCH  ACCIDENT  WAS
 REQUIRED  TO BE REPORTED BY SECTION SIX HUNDRED FIVE OF THIS CHAPTER AND
 THE COMMISSIONER RECEIVES  EVIDENCE  THAT  SUCH  LOSS  OF  CONSCIOUSNESS
 CAUSED OR CONTRIBUTED TO SUCH ACCIDENT.
   §  2.  The New York state department of motor vehicles ("department"),
 in consultation with the New York state department of health and the New
 York state division of state police, shall undertake  a  review  of  the
 department's  medical  review program regarding the department's reexam-
 ination of  drivers  and  the  methodologies  by  which  the  department
 receives  information  that  would  establish reasonable grounds for the
 commissioner of motor vehicles  to  believe  that  a  person  holding  a
 license  may not be qualified to drive a motor vehicle due to a chronic,
 ongoing condition that may cause loss of consciousness, loss  of  aware-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02083-01-9

 S. 5225                             2
 
 ness  or  loss  of body control.   Such review shall include, but not be
 limited to, an examination of the means by which the department is noti-
 fied by a physician, a police officer, or  other  person  of  a  driving
 incident,  behavior,  action  or other cause relating to a person's safe
 driving performance; identification of any impediments that could  have,
 or have, inhibited the submission of reports by physicians, police offi-
 cers,  or  other persons that a driver may have a medical condition that
 affects his or her ability to safely operate a motor  vehicle;  and  the
 identification  of  procedures  that  the  department could undertake to
 reduce any such impediments. Such review shall  be  made  and  completed
 within one year of the effective date of the chapter of the laws of 2018
 that  added  this  section,  and shall be submitted to the governor, 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 on or before such date.
   §  3.  This  act shall take effect immediately, provided, however that
 section one of this act shall take effect on the thirtieth day after  it
 shall have become a law.

co-Sponsors

2019-S5225A (ACTIVE) - Details

See Assembly Version of this Bill:: A4751
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S8990, A11121

2019-S5225A (ACTIVE) - Summary

2019-S5225A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5225A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the licensing of drivers where there is evidence of the loss
of consciousness by such person

 
PURPOSE OR GENERAL IDEA OF BILL:

To improve the safety of pedestrians, bicyclists, motorists, and any
other user of the public roads.

 
SUMMARY OF PROVISIONS:

The bill adds a new subdivision 8 to section 502 of the Vehicle and
Traffic Law, and provides that a person to whom the new subdivision
applies is fit for licensing only as determined by the Department of
Motor Vehicles (DMV) in accordance with the Department's rules and regu-
lations. The new subdivision is applicable to any applicant for an
original driver's license who has ever suffered a loss of consciousness,
any applicant for a renewal driver's license who has suffered a loss of

consciousness since their last license was issued, any person who is
required to submit a medical statement as a condition for continued
licensing, and any licensee concerning whom DMV has received evidence of
a loss of consciousness.

The bill defines "loss of consciousness" as the condition of not being
aware of one's surroundings or 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. Additionally "evidence of loss of conscious-
ness" is defined as a police accident report indicating that loss of
consciousness was the cause of the accident, or an admission by the
applicant or licensee, or a complaint alleging loss of consciousness
from police agencies and others.

DMV is required to deny or suspend a license upon receipt of a driver's
license application, or upon a scheduled review of evidence confirmed by
a DMV hearing or investigation a licensee experienced a loss of
consciousness, or upon DMV not receiving an acceptable medical state-
ment, or if DMV's medical consultant finds grounds to disagree with a
medical statement. DMV must offer to hold a hearing to review such
action, upon the person's written request. Medical statements would be
acceptable only if the licensed physician, physician assistant, or nurse
practitioner attended to or examined the person within 120 days of the
date of the statement.

DMV may require the submission of medical statements on a scheduled
basis as a condition of licensing in those cases where a person has
experienced a loss of consciousness but meets DMV's standards of fitness
and is taking medication to meet such standards, if it is the opinion of
the medical professionals that submission of scheduled statements is
necessary. Persons who have been seizure-free without medication for a
minimum of one year and submit a medical statement are exempt.

Hearings must be conducted in conformity with the State Administrative
Procedure Act and any DMV regulations promulgated thereunder, and allow
post-hearing judicial review without an administrative appeal pursuant
to Vehicle and Traffic Law article three-a.
 
JUSTIFICATION:

Human factors contribute to the majority of motor vehicle crashes in the
State, and many recent crashes highlight a glaring need in state law to
help protect both drivers and pedestrians.  This bill is a significant
step toward addressing factors relating to drivers losing consciousness,
awareness or control due to chronic, ongoing conditions. Under current
law, the Commissioner of Motor Vehicles can determine the fitness of a
driver's license applicant, or current licensee, to hold a driver's
license. Current
 Department of Motor Vehicles (DMV) regulations establish a process for
driver license qualifications following a loss of consciousness. As part
of those regulations, when the Commissioner becomes aware that a driver
or applicant experienced a loss of consciousness, he or she can notify
the person of a proposed denial or suspension of license, whichever is
appropriate, with an offer to withhold such action until after a depart-
ment hearing, if such hearing is requested by such person. The Commis-
sioner alternatively can immediately deny or suspend a license if he or
she determines that the person would be an "immediate hazard," with a
hearing to follow such action.

Despite this process, there have been reports that individuals experi-
encing loss of consciousness have continued to hold a driver's license
and to drive, which has led to fatal and personal injury crashes. To
address this issue and reduce the risk of an event occurring prior to a
hearing, the bill directs DMV to immediately deny or suspend the license
of any person about whom the Department has received evidence of loss of
consciousness pending a hearing if the applicant or licensee so
requests.

 
PRIOR LEGISLATIVE HISTORY:

S8990 (2018)

 
FISCAL IMPLICATIONS:

Unknown

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S5225A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5225--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Transportation -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT to amend the vehicle and traffic law, in relation to the licens-
   ing of drivers where there is evidence of the loss of consciousness by
   such person
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  502 of the vehicle and traffic law is amended by
 adding a new subdivision 8 to read as follows:
   8. 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, AS THE CAUSE OF AN ACCIDENT, OR ADMISSION BY AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02083-03-9

 S. 5225--A                          2
 
 APPLICANT OR LICENSEE, OR A COMPLAINT  ALLEGING  LOSS  OF  CONSCIOUSNESS
 RECEIVED FROM POLICE AGENCIES AND OTHERS.
   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  EVIDENCE  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) OF THIS PARAGRAPH, OR, IF SUCH A  STATEMENT  IS  RECEIVED  BUT  THE
 COMMISSIONER'S  MEDICAL  CONSULTANT 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 COMMISSIONER SHALL DENY OR SUSPEND SUCH LICENSE, WHICH-
 EVER 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.
   (II) 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 one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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