Assembly Bill A942

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    942
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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  requiring
   disclosure  to the department of motor vehicles of any condition which
   may cause a person  licensed  to  operate  a  motor  vehicle  to  lose
   consciousness or have impaired cognition
 
   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 216-b to read as follows:
   §  216-B.  REPORTS OF HEALTH CONDITIONS THAT MAY IMPAIR THE ABILITY TO
 OPERATE A MOTOR VEHICLE.  1. IN ADDITION TO ANY OTHER PROVISION  OF  LAW
 OR REGULATION RELATING TO THE FITNESS OF AN APPLICANT TO OPERATE A MOTOR
 VEHICLE, WHEN A LICENSED PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTI-
 TIONER  PROVIDING  TREATMENT TO ANY PERSON SIXTEEN YEARS OF AGE OR OLDER
 DETERMINES OR DIAGNOSES, THAT SUCH  PERSON  HAS  ANY  CHRONIC  CONDITION
 WHICH  CAUSES  OR  MAY  CAUSE  HIM  OR  HER TO SUFFER UNCONSCIOUSNESS OR
 UNAWARENESS, INCLUDING BUT NOT LIMITED TO A CONVULSIVE DISORDER, EPILEP-
 SY, FAINTING, DIZZY SPELLS OR CORONARY AILMENTS,  SUCH  MEDICAL  PROFES-
 SIONAL  SHALL  BE  REQUIRED TO REPORT, AS SOON AS PRACTICABLE, BUT IN NO
 EVENT MORE THAN FIFTEEN DAYS AFTER SUCH DIAGNOSIS DETERMINATION, TO  THE
 DEPARTMENT, IN SUCH FORM AND WITH SUCH CONTENT AS SHALL BE DETERMINED BY
 THE COMMISSIONER, THE FACTS RELATED TO SUCH PERSON'S CONDITION AND ABIL-
 ITY TO OPERATE A MOTOR VEHICLE.
   2.  UPON  RECEIPT  OF  A  REPORT  PURSUANT  TO SUBDIVISION ONE OF THIS
 SECTION, THE DEPARTMENT SHALL CAUSE AN  INVESTIGATION  TO  BE  CONDUCTED
 INTO THE CONDITION AND ABILITY TO OPERATE A MOTOR VEHICLE OF THE SUBJECT
 OF  SUCH  REPORT.  SUCH  INVESTIGATION SHALL BE CONDUCTED BY THE MEDICAL
 REVIEW UNIT OF THE DEPARTMENT,  WHICH  SHALL,  UPON  COMPLETION  OF  ITS
 INVESTIGATION, MAKE RECOMMENDATIONS TO THE COMMISSIONER AS TO THE APPLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05209-01-1

 A. 942                              2
 
 CANT'S  FITNESS  TO  OPERATE  A  MOTOR  VEHICLE,  INCLUDING  WHETHER ANY
 RESTRICTIONS SHOULD BE  PLACED  UPON  SUCH  PERSON'S  DRIVER'S  LICENSE,
 WHETHER  HIS  OR  HER LICENSE SHOULD BE SUSPENDED, REVOKED OR DENIED, OR
 WHETHER SUCH LICENSE SHOULD BE CONTINUED WITHOUT RESTRICTION.
   3.  THE  REPORTS  AND  ALL  CONTENTS  THEREOF REQUIRED TO BE DISCLOSED
 PURSUANT TO THIS SECTION SHALL BE CONFIDENTIAL, SHALL BE USED SOLELY FOR
 PURPOSES OF CONDUCTING INVESTIGATIONS INTO THE CONDITION AND ABILITY  TO
 OPERATE  A  MOTOR VEHICLE OF THE SUBJECTS OF SUCH REPORTS, AND SHALL NOT
 BE ENTERED OR RECEIVED AT ANY CIVIL, CRIMINAL OR  ADMINISTRATIVE  TRIAL,
 HEARING OR PROCEEDING, EXCEPT AS OTHERWISE PROVIDED FOR IN THIS SECTION.
   4.  NO  LICENSED  PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER
 SHALL BE HELD CIVILLY OR CRIMINALLY LIABLE IN ANY ACTION  OR  PROCEEDING
 ON ACCOUNT OF ANY REPORT OR DISCLOSURE OF INFORMATION IN ACCORDANCE WITH
 THE PROVISIONS OF THIS SECTION.
   § 2. Section 506 of the vehicle and traffic law is amended by adding a
 new subdivision 6 to read as follows:
   6.  IN  ADDITION  TO  ANY EXISTING PROVISION OF LAW OR REGULATION, ANY
 PERSON HOLDING A LICENSE PURSUANT TO THIS CHAPTER WHO KNOWS  HE  OR  SHE
 HAS  BEEN DIAGNOSED WITH ANY CHRONIC CONDITION WHICH CAUSES OR MAY CAUSE
 HIM OR HER TO SUFFER UNCONSCIOUSNESS OR UNAWARENESS, INCLUDING, BUT  NOT
 LIMITED  TO  A  CONVULSIVE DISORDER, EPILEPSY, FAINTING, DIZZY SPELLS OR
 CORONARY AILMENTS, SHALL REPORT SUCH CONDITION AND FACTS RELATING THERE-
 TO TO THE COMMISSIONER WITHIN FIFTEEN DAYS AFTER SUCH DIAGNOSIS,  UNLESS
 OTHERWISE IMPRACTICABLE.  THE COMMISSIONER SHALL FORWARD SUCH REPORT FOR
 INVESTIGATION  PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
 SIXTEEN-B OF THIS CHAPTER, AND SHALL TAKE SUCH REASONABLE ACTION AS  MAY
 BE PROPER UNDER THE PROVISIONS OF THIS CHAPTER.
   § 3. This act shall take effect on the one hundred twentieth 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 on or
 before such effective date.