S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2765

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law and the public officers law,
  in relation to providing for the review of the privilege to operate  a
  motor vehicle by persons with a diagnosed medical impairment

  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  two  new
sections 117-e and 122-d to read as follows:
  S  117-E.  MEDICAL  IMPAIRMENT. MEDICAL IMPAIRMENT MEANS A PHYSICAL OR
MENTAL IMPAIRMENT FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR  NEUROLOGI-
CAL  CONDITIONS  WHICH  PREVENTS  OR  HINDERS THE ABILITY OF A PERSON TO
OPERATE A MOTOR VEHICLE SAFELY.
  S 122-D. HEALTH CARE PROFESSIONAL. HEALTH CARE  PROFESSIONAL  MEANS  A
PHYSICIAN  LICENSED  PURSUANT  TO  ARTICLE ONE HUNDRED THIRTY-ONE OF THE
EDUCATION LAW OR A NURSE  PRACTITIONER  CERTIFIED  PURSUANT  TO  SECTION
SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW.
  S  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 639 of the laws  of  2006,  is  amended  to  read  as
follows:
  1.  Application  for license. Application for a driver's license shall
be made to the commissioner. The fee prescribed by law may be  submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. THE COMMIS-
SIONER  MAY  REQUIRE AN APPLICANT WITH A DIAGNOSED MEDICAL IMPAIRMENT TO
SUBMIT A REPORT FROM A HEALTH  CARE  PROFESSIONAL  IN  ORDER  TO  REVIEW
ELIGIBILITY FOR A DRIVER'S LICENSE WHETHER WITH OR WITHOUT RESTRICTIONS.
The  commissioner  may also provide that the application procedure shall
include the taking of a photo  image  or  images  of  the  applicant  in
accordance with rules and regulations prescribed by the commissioner. In
addition, the commissioner also shall require that the applicant provide

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06005-01-9
              

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his  or  her social security number and provide space on the application
so that the applicant may register in  the  New  York  state  organ  and
tissue  donor  registry  under  section  forty-three  hundred ten of the
public  health  law. In addition, an applicant for a commercial driver's
license who will  operate  a  commercial  motor  vehicle  in  interstate
commerce  shall  certify  that  such applicant meets the requirements to
operate a commercial motor vehicle, as set forth in public  law  99-570,
title  XII,  and  title  49  of the code of federal regulations, and all
regulations promulgated by the United States secretary of transportation
under the hazardous materials transportation act. Upon  a  determination
that  the  holder  of  a  commercial driver's license has made any false
statement, with respect to the application for such license, the commis-
sioner shall revoke such license.
  S 3. Paragraph (c) of subdivision 2 of section 501 of the vehicle  and
traffic  law, as added by chapter 173 of the laws of 1990, is amended to
read as follows:
  (c) Restrictions. Notwithstanding the  foregoing  provisions  of  this
subdivision,  the  operation of vehicles may be limited by a restriction
or restrictions placed on a license.  The following restrictions may  be
issued  by  the  commissioner  based  upon the representative vehicle in
which the road test was taken, or if the  license  is  issued  based  on
driving  experience,  the vehicle in which the experience was gained. In
addition, the commissioner may  by  regulation  provide  for  additional
restrictions  based upon other types of vehicles or other factors deemed
appropriate by the commissioner INCLUDING MEDICAL IMPAIRMENTS.
  (i) A restriction prohibiting the operation  of  a  vehicle  with  air
brakes.
  (ii) A restriction limiting the operation of a combination of vehicles
to truck-trailer combinations.
  (iii)  A restriction limiting operation to vehicles of not more than a
specified GVWR.
  (IV) A RESTRICTION LIMITING THE OPERATION OF A VEHICLE WITHIN A LIMIT-
ED MILEAGE RADIUS.
  (V) A RESTRICTION  PROHIBITING  THE  OPERATION  OF  A  VEHICLE  DURING
CERTAIN HOURS OF THE DAY.
  (VI)  A  RESTRICTION  LIMITING  THE  OPERATION OF A VEHICLE ON CERTAIN
HIGHWAYS.
  (VII) A RESTRICTION PROHIBITING THE OPERATION OF A VEHICLE WITHOUT THE
PRESENCE OF A LICENSED DRIVER AT LEAST EIGHTEEN YEARS OF AGE.
  S 4. Subdivision 3 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  692  of  the  laws  of 1985, is amended to read as
follows:
  3. Application for learner's permit. An application  for  a  learner's
permit  shall  be included in the application for a license. A learner's
permit shall be issued in such form as the commissioner shall  determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has  satisfactorily  completed any course required pursuant to paragraph
(a) of subdivision four of this section. Upon acceptance of an  applica-
tion for a learner's permit the commissioner shall provide the applicant
with  a  driver's  manual  which includes but is not limited to the laws
relating to traffic, the laws relating to and physiological  effects  of
driving  while  ability impaired and driving while intoxicated, explana-
tions of traffic signs and symbols and such other matters as the commis-

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sioner may prescribe, INCLUDING  INFORMATION  ON  DRIVING  WITH  MEDICAL
IMPAIRMENTS.
  S  5. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
traffic law, as amended by chapter 81 of the laws of 1995, is amended to
read as follows:
  (a) A license issued pursuant to  subdivision  five  of  this  section
shall  be valid until the expiration date contained thereon, unless such
license is suspended, revoked or cancelled. Such license may be  renewed
by  submission of an application for renewal, the fee prescribed by law,
proofs of prior licensing, fitness and acceptable vision  prescribed  by
the  commissioner,  the  applicant's  social  security  number,  and  if
required by the commissioner a photo image  of  the  applicant  in  such
numbers  and  form as the commissioner shall prescribe. THE COMMISSIONER
MAY REQUIRE AN APPLICANT WITH A DIAGNOSED MEDICAL IMPAIRMENT TO SUBMIT A
REPORT FROM A HEALTH CARE PROFESSIONAL; WHERE THE COMMISSIONER, AFTER  A
REVIEW  OF ALL INFORMATION AVAILABLE TO HIM OR HER, INCLUDING THE INFOR-
MATION IN SUCH REPORT, DETERMINES THAT A DIAGNOSED MEDICAL IMPAIRMENT OF
AN APPLICANT MAY HINDER THE ABILITY OF SUCH APPLICANT TO SAFELY  OPERATE
A  MOTOR  VEHICLE,  SUCH COMMISSIONER MAY REQUIRE SUCH APPLICANT TO TAKE
AND PASS A TEST AS PROVIDED FOR IN SUBDIVISION  FOUR  OF  THIS  SECTION,
AND/OR  SUBMIT  TO  A ROAD TEST PRIOR TO RENEWING SUCH LICENSE. In addi-
tion, an applicant for renewal of a license containing a hazardous mate-
rial endorsement shall pass an examination to retain such endorsement. A
renewal of such  license  shall  be  issued  by  the  commissioner  upon
approval  of  such  application,  except  that  no such license shall be
issued if its issuance would be  inconsistent  with  the  provisions  of
section  five  hundred  sixteen  of  this  chapter,  and except that the
commissioner may refuse to renew such license if the  applicant  is  the
holder  of  a  currently  valid  or renewable license to drive issued by
another state or foreign country unless the  applicant  surrenders  such
license.
  S  6.  Section 502 of the vehicle and traffic law is amended by adding
two new subdivisions 8 and 9 to read as follows:
  8.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL
PROVIDE FOR REEVALUATION OF CURRENT LICENSEES UPON A REQUEST MADE  BY  A
CURRENT  LICENSEE  OR  UPON  A  DETERMINATION  IN  CONSULTATION WITH THE
MEDICAL ADVISORY BOARD THAT A DIAGNOSED MEDICAL IMPAIRMENT OF AN  APPLI-
CANT  MAY  HINDER THE ABILITY OF SUCH LICENSEE TO SAFELY OPERATE A MOTOR
VEHICLE.  SUCH REEVALUATION MAY REQUIRE SUCH APPLICANT TO TAKE AND  PASS
A TEST AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION AND/OR SUBMIT
TO A ROAD TEST.
  9.  THE  COMMISSIONER  WITH  THE  ADVICE AND ASSISTANCE OF THE MEDICAL
ADVISORY BOARD ESTABLISHED PURSUANT  TO  ARTICLE  TWENTY-ONE-B  OF  THIS
CHAPTER  SHALL,  BY  RULE  AND  REGULATION, PROMULGATE A LIST OF MEDICAL
IMPAIRMENTS FOR WHICH MOTORISTS OR LICENSEES  OR  PROSPECTIVE  LICENSEES
MAY BE REQUIRED TO SUBMIT A REPORT FROM A HEALTH CARE PROFESSIONAL.
  S  7.  The  vehicle  and  traffic  law  is amended by adding three new
sections 504-a, 506-a and 506-b to read as follows:
  S 504-A.  LICENSE  APPLICATIONS;  REQUIREMENTS.  1.  THE  COMMISSIONER
SHALL,  WITH EACH ORIGINAL AND RENEWAL MOTOR VEHICLE LICENSE APPLICATION
TRANSMITTED AFTER JANUARY FIRST, TWO THOUSAND TEN, INCLUDE A  NOTICE  OF
THE  AVAILABILITY OF INFORMATION AS SET FORTH IN PARAGRAPH (A) OF SUBDI-
VISION TWO OF THIS SECTION.
  2. (A) THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT  OF
HEALTH  AND  THE  MEDICAL ADVISORY BOARD ESTABLISHED PURSUANT TO ARTICLE
TWENTY-ONE-B OF THIS CHAPTER, DEVELOP INFORMATIONAL MATERIALS PERTAINING

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TO MEDICAL IMPAIRMENTS WHICH MAY INTERFERE WITH AN OPERATOR'S ABILITY TO
SAFELY OPERATE A MOTOR VEHICLE, THE EFFECTS OF  MEDICATION  ON  DRIVING,
DRIVER  REEVALUATION  AND  RETRAINING,  THE  ISSUANCE  OF  LICENSES WITH
RESTRICTIONS  FOR  MEDICAL  IMPAIRMENTS,  AND  THE USE OF ADAPTIVE MOTOR
VEHICLE EQUIPMENT. SUCH INFORMATIONAL MATERIAL ALSO SHALL ENCOURAGE  THE
PUBLIC EXPERIENCING MEDICAL IMPAIRMENTS TO CONTACT A HEALTH CARE PROFES-
SIONAL.
  (B)  THE  COMMISSIONER  SHALL,  IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH AND THE MEDICAL ADVISORY BOARD ESTABLISHED  PURSUANT  TO  ARTICLE
TWENTY-ONE-B OF THIS CHAPTER, DEVELOP INFORMATIONAL MATERIALS TO PROVIDE
HEALTH  CARE  PROFESSIONALS WITH INFORMATION ON THEIR ROLE IN COUNSELING
THEIR PATIENTS WITH REGARD TO SAFE DRIVING AND MEDICAL IMPAIRMENTS,  AND
GUIDELINES WHICH SUCH HEALTH CARE PROFESSIONALS SHOULD FOLLOW IN PREPAR-
ING THE REPORTING FORM ON WHICH SUCH HEALTH CARE PROFESSIONAL MAY SUBMIT
FINDINGS  TO THE COMMISSIONER PURSUANT TO THE PROVISIONS OF SECTION FIVE
HUNDRED SIX-A OF THIS ARTICLE.
  3. THE COMMISSIONER AND THE DEPARTMENT OF HEALTH SHALL MAKE THE INFOR-
MATIONAL MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
AVAILABLE TO ALL HEALTH CARE PROFESSIONALS AND THE GENERAL PUBLIC.
  S 506-A. REPORTING OF MEDICAL IMPAIRMENTS. 1. WHENEVER A  HEALTH  CARE
PROFESSIONAL   DIAGNOSES   A  PATIENT  WITH  A  MEDICAL  IMPAIRMENT,  OR
PRESCRIBES MEDICATION TO SUCH PATIENT WHICH COULD  INTERFERE  WITH  SUCH
PATIENT'S  ABILITY  TO  SAFELY OPERATE A MOTOR VEHICLE, SUCH HEALTH CARE
PROFESSIONAL SHALL ADVISE SUCH PATIENT OF SUCH FINDINGS, AND DIRECT SUCH
PATIENT TO NOTIFY THE COMMISSIONER OF SUCH  FINDINGS.  THE  COMMISSIONER
SHALL  DETERMINE  WHETHER  SUCH  PATIENT  SHALL BE REQUIRED TO SUBMIT TO
FURTHER DRIVER EVALUATION PROCEDURES.
  2. HEALTH CARE PROFESSIONALS MAY VOLUNTARILY SUBMIT A  REPORT  TO  THE
COMMISSIONER OF A PATIENT'S DIAGNOSED MEDICAL IMPAIRMENT, IF SUCH HEALTH
CARE  PROFESSIONAL  DETERMINES  THAT  SUCH  PATIENT HAS NOT NOTIFIED THE
COMMISSIONER OF SUCH DIAGNOSED CONDITION.  A  HEALTH  CARE  PROFESSIONAL
SHALL PROVIDE A COPY OF SUCH REPORT TO THE PATIENT WHO IS THE SUBJECT OF
SUCH REPORT NO MORE THAN TEN BUSINESS DAYS AFTER SUCH REPORT WAS SUBMIT-
TED TO THE COMMISSIONER.
  3.  SUCH  REPORT BY A HEALTH CARE PROFESSIONAL SHALL BE MADE ON A FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL GIVE THE NAME, DATE  OF  BIRTH,
AND ADDRESS OF ANY PERSON SIXTEEN YEARS OF AGE OR OLDER WITH A DIAGNOSED
MEDICAL  IMPAIRMENT,  AND  SHALL  INCLUDE ALL DESCRIPTIVE INDICATIONS OF
SUCH IMPAIRMENT.
  4. THE COMMISSIONER SHALL ESTABLISH METHODS TO FACILITATE THE  REPORT-
ING OF DIAGNOSED MEDICAL IMPAIRMENTS BY PATIENTS AND HEALTH CARE PROFES-
SIONALS.
  S 506-B. CONFIDENTIALITY OF MEDICAL REPORTS. 1. ANY AND ALL REPORTS OF
MEDICAL  IMPAIRMENTS SUBMITTED TO THE COMMISSIONER SHALL BE CONFIDENTIAL
AND SHALL BE USED SOLELY FOR THE PURPOSES OF DETERMINING THE  QUALIFICA-
TIONS  OF A PERSON TO SAFELY OPERATE A MOTOR VEHICLE AND TAKING ADMINIS-
TRATIVE ACTION TO DENY AN ORIGINAL OR RENEWAL DRIVER'S LICENSE  APPLICA-
TION  OR TO PLACE RESTRICTIONS UPON A DRIVER'S LICENSE. SUCH REPORTS AND
THEIR CONTENTS SHALL NOT BE DIVULGED TO ANY PERSON,  FIRM,  PARTNERSHIP,
ASSOCIATION,  CORPORATION,  OR  GOVERNMENTAL  AGENCY,  NOR  BE  USED  AS
EVIDENCE IN ANY CIVIL OR CRIMINAL TRIAL OR PROCEEDING.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
THE  COMMISSIONER  SHALL PROVIDE A COPY OF A REPORT OF A MEDICAL IMPAIR-
MENT SUBMITTED TO HIM OR HER, UPON DEMAND, TO  THE  PERSON  WHO  IS  THE
SUBJECT OF SUCH REPORT OR TO SUCH PERSON'S AUTHORIZED REPRESENTATIVE.

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  S  8.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
traffic law is amended by adding a new subparagraph  (xvi)  to  read  as
follows:
  (XVI)  WHEN  A  PERSON  FAILS  TO  SUBMIT  A REPORT FROM A HEALTH CARE
PROFESSIONAL WHEN REQUESTED TO DO SO  BY  THE  COMMISSIONER  AND/OR  THE
MEDICAL ADVISORY BOARD UNTIL SUCH TIME AS SUCH REPORT HAS BEEN FILED.
  S  9.  Subdivision  3 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph l to read as follows:
  L. WHERE THE COMMISSIONER DETERMINES THAT A PERSON IS NOT  CAPABLE  OF
SAFELY  OPERATING  A  MOTOR  VEHICLE  AS A RESULT OF A DIAGNOSED MEDICAL
IMPAIRMENT.
  S 10. Section 541 of the vehicle and traffic law, as added by  chapter
527 of the laws of 1990, is amended to read as follows:
  S  541.  Purpose.  The medical advisory board shall advise the commis-
sioner on medical criteria and vision standards  for  the  licensing  of
drivers.   SUCH BOARD SHALL ALSO ADVISE THE COMMISSIONER ON THE TYPES OF
MEDICAL IMPAIRMENTS  FOR  WHICH  APPLICANTS  FOR  LICENSES,  RENEWAL  OF
LICENSES  AND CURRENT LICENSEES SHALL SUBMIT A REPORT FROM A HEALTH CARE
PROFESSIONAL AND SHALL  EXAMINE,  REVIEW  AND  MAKE  RECOMMENDATIONS  IN
REGARD  TO  INDIVIDUAL  DRIVER LICENSING CASES INVOLVING MEDICAL IMPAIR-
MENTS.
  S 11. The vehicle and traffic  law  is  amended  by  adding  four  new
sections 545-a, 545-b, 545-c and 545-d to read as follows:
  S  545-A.  MEDICAL ADVISORY BOARD REVIEW. UPON THE RECEIPT OF A REPORT
PURSUANT TO SECTION FIVE HUNDRED SIX-A OF THIS TITLE,  THE  COMMISSIONER
MAY  REFER ANY INFORMATION THEREIN TO THE MEDICAL ADVISORY BOARD FOR ITS
CONSIDERATION AND RECOMMENDATION. THE BOARD MAY THEN REQUEST THE  APPLI-
CANT TO PROVIDE ADDITIONAL TESTIMONY OR INFORMATION.
  S  545-B. MEDICAL ADVISORY BOARD DETERMINATIONS. ANY RECOMMENDATION OF
THE BOARD MADE WITH RESPECT TO ANY LICENSE APPLICANT SHALL BE SUBJECT TO
THE PROVISIONS OF SECTION FIVE HUNDRED SIX-B OF THIS TITLE.
  S 545-C. FINDINGS. IMMUNITY OF HEALTH CARE PROFESSIONALS  AND  MEDICAL
ADVISORY  BOARD  MEMBERS FROM CIVIL AND CRIMINAL ACTIONS. 1. NO CIVIL OR
CRIMINAL ACTION MAY BE BROUGHT AGAINST THE BOARD OR ANY OF  ITS  MEMBERS
FOR  PROVIDING ANY REPORTS, RECORDS, EXAMINATIONS, OPINIONS OR RECOMMEN-
DATIONS PURSUANT TO THIS CHAPTER.
  2. NO CIVIL OR CRIMINAL ACTION MAY BE BROUGHT AGAINST ANY HEALTH  CARE
PROFESSIONAL  WHO  MAKES  OR IS REQUESTED TO MAKE A REPORT IN ACCORDANCE
WITH SECTION FIVE HUNDRED SIX-B OF THIS TITLE.
  3. ANY PERSON OTHER THAN A HEALTH CARE  PROFESSIONAL,  WHO  REPORTS  A
MEDICAL  IMPAIRMENT  SPECIFIED IN REGULATIONS PROMULGATED BY THE COMMIS-
SIONER, ACTING IN GOOD FAITH AND  WITHOUT  MALICIOUS  INTENT,  SHALL  BE
IMMUNE  FROM  A  CIVIL  LIABILITY  WHICH  MIGHT BE OTHERWISE INCURRED OR
IMPOSED.
  S 545-D. RESEARCH PROJECTS. IN ORDER TO IMPLEMENT AND  ADMINISTER  THE
PROVISIONS  OF  THIS  ARTICLE,  THE  COMMISSIONER MAY ESTABLISH RESEARCH
PROJECTS WITH RESPECT TO DRIVER SAFETY.
  S 12. Section 523-a of the vehicle and  traffic  law,  as  amended  by
chapter 47 of the laws of 1988, is amended to read as follows:
  S 523-a. Driver improvement clinic programs.  In addition to the driv-
er  rehabilitation  program authorized by section eleven hundred ninety-
six of this chapter, the  commissioner  may  establish,  by  regulation,
guidelines  for  alcohol  AND  DRUGS  and highway safety programs.   The
purpose of such programs should be to inform participants of the effects
of alcohol AND DRUGS on driving, to discuss  problem  drinking  and  its
effects,  TO DISCUSS THE EFFECTS OF THE CONSUMPTION OF DRUGS, to provide

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assistance  to  individuals  with  referral  to   alcoholism   treatment
agencies,  TO PROVIDE ASSISTANCE TO INDIVIDUALS WITH MEDICAL IMPAIRMENTS
WHICH COULD INTERFERE WITH THE  SAFE  OPERATION  OF  A  VEHICLE  and  to
provide instruction with respect to proper driving techniques and driver
attitude.    The  commissioner  shall  establish  criteria for requiring
attendance at such clinics, and may,  pending attendance at such clinic,
suspend the driver's license or privilege of any  person  who  fails  to
attend  such  clinic as required by such regulations.  Such criteria may
provide for the required attendance at such clinic of any person who, as
a result of the conviction for a moving traffic violation,  is  referred
by  the  trial court for such attendance.  The commissioner shall estab-
lish a fee to be paid by any person who attends any such program.   Such
fee  shall be used to defray the ongoing expenses of the program.  Where
the commissioner has approved any driver improvement  program  conducted
by  local authorities, any such fee shall be paid to the agency conduct-
ing such program.
  S 13.   Subdivision 2 of section 87 of  the  public  officers  law  is
amended by adding a new paragraph (k) to read as follows:
  (K)  ARE  REPORTS  OF  MEDICAL IMPAIRMENTS PREPARED UNDER AUTHORITY OF
SECTION FIVE HUNDRED SIX-A OR FIVE HUNDRED  SIX-B  OF  THE  VEHICLE  AND
TRAFFIC  LAW,  OR  ARE  RECOMMENDATIONS IN REGARD TO INDIVIDUAL DRIVER'S
LICENSE APPLICANTS PREPARED UNDER AUTHORITY  OF  SECTIONS  FIVE  HUNDRED
FORTY-ONE,  FIVE  HUNDRED  FORTY-FIVE-A AND FIVE HUNDRED FORTY-FIVE-B OF
THE VEHICLE AND TRAFFIC LAW.
  S 14. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.