Bill Text: NY A04751 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-12-23 - APPROVAL MEMO.85 [A04751 Detail]
Download: New_York-2019-A04751-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4751--A 2019-2020 Regular Sessions IN ASSEMBLY February 5, 2019 ___________ Introduced by M. of A. CARROLL -- read once and referred to the Commit- tee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted 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: 1 Section 1. Section 502 of the vehicle and traffic law is amended by 2 adding a new subdivision 8 to read as follows: 3 8. Loss of consciousness. a. This subdivision shall apply to any 4 applicant for an original driver's license in this state who has ever 5 suffered a loss of consciousness, to any applicant for a renewal driv- 6 er's license who has suffered a loss of consciousness since his or her 7 last license was issued in this state, to any person who is required to 8 submit physicians', physician assistants', or nurse practitioners' 9 statements, in such form as the commissioner may require, as a condition 10 for continuing licensing, and to persons holding a driver's license 11 concerning whom the commissioner has received evidence of loss of 12 consciousness. 13 b. As used in this subdivision, the following terms shall have the 14 following meanings: "loss of consciousness" shall mean the condition of 15 not being aware of one's surroundings or of one's existence and the 16 inability to receive, interpret or react to sensory impressions as the 17 result of epilepsy, syncope, cataplexy, narcolepsy and other disorders 18 affecting consciousness and control; and "evidence of loss of conscious- 19 ness" shall mean a police accident report filed pursuant to section six 20 hundred three of this chapter indicating a loss of consciousness, no 21 matter how denominate, as the cause of an accident, or admission by an 22 applicant or licensee, or a complaint alleging loss of consciousness 23 received from police agencies and others. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02083-02-9A. 4751--A 2 1 c. A person to whom this part is applicable shall be deemed to be fit 2 for licensing only as determined by the commissioner in accordance with 3 section 9.3 of part 9 of title 15 of the codes, rules and regulations of 4 the state of New York as prescribed by the commissioner. 5 d. (i) Upon receipt of an application for an original driver's 6 license, or for renewal of a driver's license, or upon a scheduled 7 review of evidence confirmed by a department hearing or investigation 8 that a licensee has experienced a lack of consciousness, or if the 9 commissioner has not received an acceptable physician's, physician 10 assistant's or nurse practitioner's statement as defined in subparagraph 11 (ii) of this paragraph, or, if such a statement is received but the 12 commissioner's medical consultant finds grounds to disagree with or to 13 question a recommendation of such physician, physician assistant or 14 nurse practitioner made in accordance with the provisions of section 9.3 15 of part 9 of title 15 of the codes, rules and regulations of the state 16 of New York, the commissioner shall deny or suspend such license, which- 17 ever is appropriate, and offer to hold a department hearing to review 18 such action, upon written request of such person. If such request for 19 hearing is not made within thirty days of such denial or suspension, the 20 offer to hold a hearing shall be deemed to be withdrawn. 21 (ii) A physician's, physician assistant's or nurse practitioner's 22 statement shall not be acceptable unless such licensed physician, physi- 23 cian assistant or nurse practitioner has attended or examined the 24 patient within one hundred twenty days of the date of such statement, 25 and if required by the commissioner, may be required to be submitted by 26 a physician licensed in a specialty appropriate to the condition in 27 question. 28 e. The commissioner may require the submission of physicians', physi- 29 cian assistants' or nurse practitioners' statements on a scheduled basis 30 as a condition of licensing in those cases in which a person has experi- 31 enced loss of consciousness but meets standards of fitness as set forth 32 in rules and regulations prescribed by the commissioner, and the physi- 33 cian's, physician assistant's or nurse practitioner's statement indi- 34 cates that medication is being taken to meet such standards and, in the 35 opinion of either the submitting physician, physician assistant or nurse 36 practitioner or the medical consultant to the commissioner, the 37 submission of such scheduled physician's, physician assistant's or nurse 38 practitioner's statements is considered necessary or desirable. However, 39 the provisions of this subdivision shall not be applicable in any case 40 where a person has been seizure free without medication for a minimum 41 period of one year and submits a physician's, physician assistant's or 42 nurse practitioner's statement. 43 f. Any hearing held pursuant to this subdivision shall be conducted in 44 conformity with the provisions of the state administrative procedure act 45 and any regulations promulgated by the commissioner thereunder. Judicial 46 review of a determination made by the commissioner after a hearing held 47 pursuant to this subdivision may be had without an administrative appeal 48 being made pursuant to article three-A of this chapter. 49 § 2. This act shall take effect on the one hundred eightieth day after 50 it shall have become a law. Effective immediately, the addition, amend- 51 ment and/or repeal of any rule or regulation necessary for the implemen- 52 tation of this act on its effective date are authorized to be made and 53 completed on or before such effective date.
