S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4751--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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
 APPLICANT OR LICENSEE, OR A COMPLAINT  ALLEGING  LOSS  OF  CONSCIOUSNESS
 RECEIVED FROM POLICE AGENCIES AND OTHERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02083-02-9

 A. 4751--A                          2
 
   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.