ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4515
(By Delegates Webster, Long, Mahan, Brown,
Hrutkay, Staggers, Varner and Guthrie)
[Passed March 8, 2008; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17B-3-13, relating
to reports by health care providers of persons incompetent to
drive an automobile.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17B-3-13, to read as
follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-13. Reports by health care providers.
(a) Health care providers licensed and authorized pursuant to
chapter thirty of the code to diagnose or treat diseases,
disorders, disabilities or conditions, may notify the division in
writing of the full name, date of birth and address of every person
fifteen years of age or older who suffers from a physical or mental
disease, disorder, disability, condition or symptoms that prevents the person from safely operating motor vehicle, and which is
either:
(1) Uncontrollable (either through medication, therapy, or
surgery; or by driving device or technique)
(2) Controllable, but the patient does not comply with the
recommendations of the health care provider for treatment or
restricted driving; or
(3) Undiagnosed but the extent of driver impairment is
potentially significant based on the patient's symptoms.
(b) Reports, recommendations or opinions, findings or advice
received or made by the division for the purpose of determining
whether a person is qualified to be licensed to drive are for the
confidential use of the division and exempt from provisions of
article one, chapter twenty-nine-b of this code and may only be
admitted in proceedings to either suspend, revoke or impose
limitations on the use of a driver's license pursuant to section
six, subsection (a)(5),article three, chapter seventeen-b of this
code or section seven, article three, chapter seventeen-b of this
code, or to reinstate the driver's license.
(c) Reports, recommendations, opinions, findings or advice
received or made by the division for the purpose of determining
whether a person is qualified to be licensed to drive may not be
used in any proceedings to establish or prove competencies other
than qualifications to operate a vehicle.
(d) A health care provider who makes a notification pursuant to subsection (a) shall be immune from any civil, administrative or
criminal liability that otherwise might be incurred or imposed
because of such notification if the health care provider has:
(1) Documented in the patient's record the disease, disorder,
disability, condition or symptoms which may impair the patient's
ability to drive a motor vehicle to a degree that precludes the
safe operation of a motor vehicle;
(2) Informed the patient that their disease, disorder,
disability, condition or symptoms may impair the patient's ability
to drive a motor vehicle to a degree that precludes the safe
operation of a motor vehicle;
(3) Advised the patient that he or she should not operate a
motor vehicle; and
(4) Disclosed to the patient that the health care provider may
notify the Commissioner of the patient's condition and of the
patient's inability to safely operate a motor vehicle.
(e) Compliance with or failure to comply with the requirements
of this section does not constitute negligence, nor may compliance
or noncompliance with the requirements of this section be
admissible as evidence of negligence in any civil or criminal
action.