Senate Bill No. 672
(By Senators Bowman, Prezioso, Jenkins, Kessler, Stollings,
Unger, Foster and Plymale)
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[Introduced February 14, 2008; referred to the Committee on
Health and Human Resources; and then to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17B-3-13, relating
to motor vehicle driver's licenses generally; providing for
discretionary reporting by health care providers of conditions
or disorders rendering licensed individuals incompetent to
drive; and providing for health care provider immunity from
liability for such reporting.
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 this code to diagnose or treat disease,
disorders, disabilities or conditions which may render an
individual incompetent to drive, may notify the division in writing
of the full name, date of birth and address of every person fifteen
years of age or older diagnosed as having a disease, disorder,
disability or condition which may impair driving to a degree that
precludes the safe operation of a 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 the provisions of
the Freedom of Information Act found in article one, chapter
twenty-nine-b of this code and may be admitted in proceedings to
suspend, revoke or impose limitations on the use of the driver's
license pursuant to section six, subsection (a)(5), article three, chapter seventeen-b of this code. 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 qualification to operate a
vehicle.
(c) Any health care provider who decides to make a
notification and then participates in the making of a notification
pursuant to this section is presumed prima facie to be acting in
good faith and in furtherance of public safety and in doing so is
immune from any civil, administrative or criminal liability that
otherwise might be incurred or imposed because of such
notification. 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.
NOTE: The purpose of this bill is to promote public safety on
the roadways of West Virginia by providing a mechanism by which
health care providers may report when an individual they have
treated has a condition that renders them incompetent to operate a
motor vehicle.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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