Assembly Bill No. 406–Assemblymen Hardy, Gibbons, Andonov, Beers, Brown, Christensen, Collins, Conklin, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Knecht, Koivisto, Mabey, Manendo, McClain, Pierce and Weber

 

March 17, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions governing driving privileges for certain persons with epilepsy. (BDR 43‑1166)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public safety; requiring the Department of Motor Vehicles to suspend or revoke the driver’s license of a person with epilepsy under certain circumstances; requiring physicians to inform certain patients with epilepsy of the dangers of operating a motor vehicle; abolishing the related duty of physicians to report certain patient information; providing that certain statements maintained by physicians concerning patients with epilepsy are not subject to the doctor-patient privilege if furnished to the Department of Motor Vehicles under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 483 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A person with epilepsy shall not operate a motor vehicle if

1-4  that person has been informed by a physician pursuant to NRS

1-5  439.270 that his condition would severely impair his ability to

1-6  operate safely a motor vehicle.

2-1  2.  If it is determined that a person has violated the provisions

2-2  of subsection 1, the Department shall suspend or revoke the

2-3  driver’s license of the person. The person may apply for

2-4  reinstatement of his driver’s license if he presents medical

2-5  evidence satisfactory to the Department that his condition does not

2-6  severely impair his ability to operate safely a motor vehicle.

2-7  Sec. 2.  NRS 483.010 is hereby amended to read as follows:

2-8  483.010  The provisions of NRS 483.010 to 483.630, inclusive,

2-9  and section 1 of this act, may be cited as the Uniform Motor

2-10  Vehicle Drivers’ License Act.

2-11      Sec. 3.  NRS 49.245 is hereby amended to read as follows:

2-12      49.245  There is no privilege under NRS 49.225 or 49.235:

2-13      1.  For communications relevant to an issue in proceedings to

2-14  hospitalize the patient for mental illness, if the doctor in the course

2-15  of diagnosis or treatment has determined that the patient is in need

2-16  of hospitalization.

2-17      2.  As to communications made in the course of a court-ordered

2-18  examination of the condition of a patient with respect to the

2-19  particular purpose of the examination unless the court orders

2-20  otherwise.

2-21      3.  As to written medical or hospital records relevant to an issue

2-22  of the condition of the patient in any proceeding in which the

2-23  condition is an element of a claim or defense.

2-24      4.  In a prosecution or mandamus proceeding under chapter

2-25  441A of NRS.

2-26      5.  As to any information communicated to a physician in an

2-27  effort unlawfully to procure a dangerous drug or controlled

2-28  substance, or unlawfully to procure the administration of any such

2-29  drug or substance.

2-30      6.  As to any written medical or hospital records which are

2-31  furnished in accordance with the provisions of NRS 629.061.

2-32      7.  As to records that are required by chapter 453 of NRS to be

2-33  maintained.

2-34      8.  As to statements that are required to be maintained

2-35  pursuant to NRS 439.270, if furnished to the Department of Motor

2-36  Vehicles in accordance with that section.

2-37      9.  If the services of the physician are sought or obtained to

2-38  enable or aid a person to commit or plan to commit fraud or any

2-39  other unlawful act in violation of any provision of chapter 616A,

2-40  616B, 616C, 616D or 617 of NRS which the person knows or

2-41  reasonably should know is fraudulent or otherwise unlawful.

2-42      Sec. 4.  NRS 439.270 is hereby amended to read as follows:

2-43      439.270 1.  The State Board of Health shall define epilepsy

2-44  for the purposes of [the reports hereinafter referred to in] this

2-45  section.

3-1  [2.  All physicians shall report immediately to the Health

3-2  Division, in writing, the name, age and address of every person

3-3  diagnosed as a case of epilepsy.

3-4  3.  The Health Division shall report, in writing, to the

3-5  Department of Motor Vehicles the name, age and address of every

3-6  person reported to it as a case of epilepsy.

3-7  4.  The reports are for the information of the Department of

3-8  Motor Vehicles and must be kept confidential and used solely to

3-9  determine the eligibility of any person to operate a vehicle on the

3-10  streets and highways of this state.

3-11      5.  A violation of this section is a misdemeanor.]

3-12      2.  If a physician determines that, in his professional

3-13  judgment, a patient’s epilepsy severely impairs the ability of the

3-14  patient to operate safely a motor vehicle, the physician shall:

3-15      (a) Adequately inform the patient of the dangers of operating a

3-16  motor vehicle with his condition until such time as the physician

3-17  or another physician informs the patient that the patient’s

3-18  condition does not severely impair the ability of the patient to

3-19  operate safely a motor vehicle; and

3-20      (b) Except as otherwise provided in subsection 3:

3-21          (1)  Require the patient to sign a statement acknowledging

3-22  that the patient has been informed by the physician of the dangers

3-23  of operating a motor vehicle with his condition; and

3-24          (2) Retain the original signed acknowledgment and provide

3-25  a copy of the statement to the patient.

3-26      3.  If a patient refuses to sign a statement pursuant to

3-27  paragraph (b) of subsection 2, the physician shall sign a written

3-28  statement verifying that the physician informed the patient of all

3-29  material facts and information required by paragraph (a) of

3-30  subsection 2. The physician shall, to the extent practicable,

3-31  provide a copy of the statement signed by the physician to the

3-32  patient.

3-33      4.  A statement signed by a patient pursuant to subsection 2 or

3-34  a statement signed by a physician pursuant to subsection 3 shall

3-35  be deemed a health care record, as defined in NRS 629.021. Upon

3-36  request of the Department of Motor Vehicles, the physician shall

3-37  provide a copy of the statement to the Department.

3-38      5.  As used in this section, “patient” means a person who

3-39  consults or is examined or interviewed by a physician for the

3-40  purposes of diagnosis or treatment.

3-41      Sec. 5.  This act becomes effective on July 1, 2003.

 

3-42  H