SENATE, No. 548
STATE OF NEW JERSEY
INTRODUCED JANUARY 29, 1996
By Senator BASSANO
An Act concerning medical review and reporting of drivers with certain disorders and amending P.L.1970, c.195.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1970, c.195 (C.39:3-10.4) is amended to read as follows:
1. a. Each physician treating [any person] a patient 16 years of age 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 in any of its forms,]one or more episodes of altered consciousness or loss of body control related to a specifically identifiable neurological condition, as defined in the rules and regulations of the Division of Motor Vehicles, when such [conditions persist or recur] condition persists or recurs despite medical treatments, shall, subject to the provisions of subsection b. of this section and within 24 hours after his determination of such fact, report the same to the Director of the Division of Motor Vehicles.
b. The report shall be made only if the physician knows or has reason to believe that the patient has failed to report an episode, as required in section 2 of P.L.1970, c.195 (C.39:3-10.5), which episode, in his judgment, increases the likelihood that the patient will be unable to exercise reasonable driving skills and control over a motor vehicle and therefore will create an unacceptable risk of injury to himself or others. The physician shall not be liable for any civil damages for making this report in good faith. The director, in consultation with the State Commissioner of Health, shall prescribe and furnish the forms on which such reports shall be made.
c. The fine for violating this section is not less than $1,000 or more than $3,000.
d. Any person may report to the director an accident involving a driver whom the person believes is subject to the provisions of section 2 of P.L.1970, c.195 (C.39:3-10.5), if the person has reason to believe an episode of altered consciousness or loss of body control, as provided in subsection a. of this section, contributed to the accident. The report shall contain such information as the director shall determine is necessary to investigate its authenticity. The director shall hold in confidence the identity of the person making the report.
If the director initially determines the report to be bonafide, he shall investigate the report and refer his findings to the Neurological Disorder Committee. If the committee determines that the driver is unable to exercise reasonable driving skills and control over a motor vehicle and therefore poses an unacceptable risk of injury to himself or others, the director may immediately suspend the license of the driver until such time as the Neurological Disorder Committee shall recommend restoration of the driver's license and the director shall concur. A person who files such a report in good faith shall not be liable in civil damages as a result.
(cf: P.L.1970, c.195, s.1)
2. Section 2 of P.L.1970, c.195 (C.39:3-10.5) is amended to read as follows:
2. a. Each person [subject to recurrent convulsive seizures or recurrent periods of unconsciousness or impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy in any of its forms], who suffers or who has suffered from an episode of altered consciousness or loss of body control related to a specifically identifiable neurological condition, shall at the time of his initial application for a driver's license or any subsequent application for a renewal thereof or at such other time as prescribed by the Director of the Division of Motor Vehicles, report the existence of such conditions to the Director of the Division of Motor Vehicles in a manner to be prescribed by the director. The person shall also establish to the satisfaction of the director that he has been free of these symptoms for at least three months, with or without medication, and that he is physically qualified to safely operate a motor vehicle. The three-month period may be reduced or extended by the director in individual cases upon expert medical advice submitted for the review of the Neurological Disorder Committee.
b. A driver licensed under subsection a. of this section who experiences any episode of altered consciousness or loss of body control shall immediately report this incident to the division. The division shall refer each such report to its Neurological Disorder Committee. The committee shall review the medical and driving record of the person and recommend to the director whether the person's license shall be suspended. The director shall suspend for not less than one year or more than two years the license of a person who fails to report such an incident. The division shall notify all drivers on record with a medical history of the symptoms and conditions described in subsection a. of this section of the requirements of subsection b. of this section.
(cf: P.L.1970, c.195, s.2)
3. This act shall take effect on the first day of the sixth month after enactment.
STATEMENT
This bill makes certain changes in provisions of the State motor vehicle code regarding drivers who have certain neurological disorders. The bill replaces specific references to seizures and epilepsy with more general symptom-related language: "one or more episodes of altered consciousness or loss of body control related to a specifically identifiable neurological condition."
It would reduce from one year to three months the period of time during which a person who has experienced such an episode must be symptom-free before the person could qualify for a learner's permit, a driver's license, or a renewal thereof. The three month period could be reduced or extended by the Director of the Division of Motor Vehicles (DMV) on the basis of expert medical advice. A one-year episode-free period is now required under regulations promulgated by the DMV (N.J.A.C.13:19-5.1).
The bill also conditionally removes the requirement for a physician to always report a patient who experiences such episodes to DMV. The physician would only be obligated to file a report if he has reason to believe or knows that his patient has not reported such an episode. The physician would be required to make such a report only if he determines it likely that the patient would not be able to operate the car safely and would create an unacceptable risk of injury to himself and others.
The bill also requires a driver who has such a condition to report any episode immediately to the DMV so that its Neurological Disorder Committee can review his case. Failure to do so could result in a one to two year suspension of his license.
The bill also allows any person who is aware of an accident which appears to have involved an episode of altered consciousness or loss of body control to report it to the DMV. Any bonafide report must then be investigated by the DMV which would refer its findings to the Neurological Disorder Committee. If the committee finds that the driver would create an unacceptable risk to himself or others, then the DMV may immediately suspend the person's license until reissuance is
recommended by the committee.
Modifies reporting duties of physicians and driver licensing requirements for persons with certain neurological disorders.