ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, by deleting lines 1 through 6 and inserting:
“2. If a physician is aware that a person has violated subsection 1 after the physician has informed the person pursuant to NRS 439.270 that the person’s condition would severely impair his ability to operate safely a motor vehicle, the physician may, without the consent of the person, submit a written report to the Department that includes the name, address and age of the person. A report received by the Department pursuant to this subsection:
(a) Is confidential, except that the contents of the report may be disclosed to the person about whom the report is made;
(b) May include the statement maintained by the physician pursuant to subsection 4 of NRS 439.270; and
(c) May be used by the Department solely for the purpose of determining the eligibility of the person about whom the report is made to operate safely a motor vehicle.
3. The submission by a physician of a report pursuant to subsection 2 is solely within his discretion. No cause of action may be brought against a physician based on the fact that he did not submit such a report.
4. No cause of action may be brought against a physician based on the fact that he did submit a report pursuant to subsection 2 unless the physician acted with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law.”.
Amend sec. 2, page 2, by deleting lines 34 through 36 and inserting:
“8. As to reports made to the Department of Motor Vehicles pursuant to subsection 2 of section 1 of this act and statements provided to the Department pursuant to NRS 439.270.”.
Amend sec. 4, page 3, line 35, by deleting “Upon”.
Amend sec. 4, page 3, by deleting lines 36 and 37 and inserting:
“5. A physician may, upon the request of the Department of Motor Vehicles, provide to the Department a copy of a statement signed by a patient pursuant to subsection 2 or a statement signed by a physician pursuant to subsection 3. A statement received by the Department pursuant to this subsection:
(a) Is confidential, except that the contents of the statement may be disclosed to the patient; and
(b) May be used by the Department solely for the purpose of determining the eligibility of the patient to operate safely a motor vehicle.
6. The provision by a physician of a copy of a statement pursuant to subsection 5 is solely within his discretion. No cause of action may be brought against a physician based on the fact that he chose not to provide such a copy.
7. No cause of action may be brought against a physician based on the fact that he did provide a copy of a statement pursuant to subsection 5 unless the physician acted with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law.”.
Amend sec. 4, page 3, line 38, by deleting “5.” and inserting “8.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public safety; authorizing physicians, under certain circumstances, to report to the Department of Motor Vehicles certain information regarding patients who have epilepsy; abolishing the related duty of physicians to report certain patient information; requiring physicians to inform certain patients with epilepsy of the dangers of operating a motor vehicle; providing that certain reports and statements provided to the Department concerning patients with epilepsy are not subject to the doctor-patient privilege under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing reporting of information by physicians to Department of Motor Vehicles concerning certain patients with epilepsy. (BDR 43‑1166)”.