H. B. 4515
(By Delegates Webster, Long, Mahan, Brown,
Hrutkay, Staggers, Varner and Guthrie)
[Introduced February 13, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17-3-13, relating to
reports by health care providers of persons incompetent to
drive an automobile.
Be it enacted by the Legislature of West Virginia:
That §17-3-13 of the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §17-3-13, 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 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 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 provisions article
one, chapter twenty-nine of the 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 said 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 shall be presumed prima facie to be acting in good faith and in furtherance of public safety and in doing so
shall be 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 road ways 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.