S T A T E O F N E W Y O R K
________________________________________________________________________
5225--A
2019-2020 Regular Sessions
I N S E N A T E
April 17, 2019
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Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02083-03-9
S. 5225--A 2
APPLICANT OR LICENSEE, OR A COMPLAINT ALLEGING LOSS OF CONSCIOUSNESS
RECEIVED FROM POLICE AGENCIES AND OTHERS.
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.
