Bill Text: NJ A1932 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits health care providers to report certain patient health problems to MVC.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A1932 Detail]
Download: New_Jersey-2016-A1932-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblywoman N.Munoz
SYNOPSIS
Permits health care providers to report certain patient health problems to MVC.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the reporting of impaired drivers and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A health care provider may report to the Motor Vehicle Commission the name, age, address, and description of the alleged impairment of any person 16 years of age or older diagnosed by the health care provider with a health problem which, in the health care provider's judgment, will significantly affect the person's ability to safely operate a motor vehicle. The Chief Administrator of the Motor Vehicle Commission, in consultation with the Commissioner of the Department of Health, shall prescribe and furnish the forms on which such reports are to be made.
b. In order to be assured that no person is unwarrantedly denied the privilege of operating a motor vehicle in this State because of reports submitted under the provisions of this act, the chief administrator, in consultation with the commissioner, shall establish a procedure for the evaluation and screening of cases so reported.
c. Reports submitted pursuant to the provisions of this act shall be for the information of the chief administrator in administering State motor vehicle laws and shall be kept in the confidence of the commission and shall not be revealed or used by the commission in any manner or any circumstances expect for the purpose of determining the eligibility of a person to operate a motor vehicle on the highways of this State.
d. For the purposes of this section, "health care provider" means a physician or surgeon as defined in R.S.45:9-5.1 or a person licensed as: a doctor of podiatric medicine pursuant to the R.S.45:5-1 et seq., a dentist pursuant to R.S.45:6-1 et seq., an optometrist pursuant to R.S.45:12-1 et seq., an advanced practice nurse pursuant to P.L.1991, c.377 (C.45:11-45 et seq.), or a practicing psychologist pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.).
e. Nothing in this act shall be deemed to supersede or limit the mandatory reporting requirements set forth in P.L.1970, c.195 (C.39:3-10.4 et seq.) concerning recurrent convulsive seizures, recurrent periods of unconsciousness, impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy in any of its forms, when such conditions persist or recur despite medical treatments.
2. This act shall take effect immediately.
STATEMENT
Under current law, pursuant to N.J.S.A.39:3-10.4, physicians are required to report epilepsy and related conditions to the Motor Vehicle Commission. The reporting requirement currently applies to physicians treating persons aged 16 or older for "recurrent convulsive seizures or for recurrent periods of unconsciousness or for impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy when such conditions persist or recur despite medical treatments."
This bill supplements the reporting provisions of the current law by requiring "health care providers," which includes physicians, to report to the Motor Vehicle Commission the name, age, address, and description of the alleged impairment of any person aged 16 or older diagnosed by the provider with a health problem which, in the provider's judgment, significantly affects the person's ability to safely operate a motor vehicle. The bill defines "health care provider" as "a physician or surgeon" as defined in section 5 of P.L.1939, c.115 (C.45:9-5.1) or a person licensed as: a doctor of podiatric medicine pursuant to the R.S.45:5-1 et seq., a dentist pursuant to R.S.45:6-1 et seq., an optometrist pursuant to R.S.45:12-1 et seq., an advanced practice nurse pursuant to P.L.1991, c.377 (C.45:11-45 et seq.), or a practicing psychologist pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.).
Under the provisions of the bill, the Chief Administrator of the Motor Vehicle Commission, in consultation with the Commissioner of the Department of Health, is required to establish a procedure for the evaluation and screening of reports so that "no person is unwarrantedly denied the privilege of operating a motor vehicle." The reports would remain confidential except for the purpose of determining the eligibility of a person to operate a motor vehicle. The Chief Administrator, in consultation with the Commissioner of the Department of Health, would also be responsible for developing the forms on which the reports would be made.
The mandatory reporting requirements of N.J.S.A.39:3-10.4 et seq. for epilepsy and related conditions would not be affected by the bill.
