HB263 (2014) Detail

(New Title) relative to reporting a person as medically unfit to drive.


HB 263 – VERSION ADOPTED BY BOTH BODIES

29Jan2014… 2282h

20Mar2014… 0914h

2013 SESSION

13-0029

03/10

HOUSE BILL 263

AN ACT relative to reporting a person as medically unfit to drive.

SPONSORS: Rep. Sad, Ches 1

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill immunizes from civil and criminal liability persons who report someone as medically unfit to drive.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29Jan2014… 2282h

20Mar2014… 0914h

13-0029

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to reporting a person as medically unfit to drive.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Drivers’ Licenses; Medically Unfit Person. Amend RSA 263 by inserting after section 6-c the following new section:

263:6-d Reporting Medically Unfit Person; Immunity. Any licensed health care provider who reasonably and in good faith believes a person cannot safely operate a motor vehicle based on clinical evaluation appropriate to his or her practice and who reports such to the division of motor vehicles shall be immune from any civil or criminal liability that might otherwise result from making the report. All reports made and medical records reviewed and maintained by the division of motor vehicles pursuant to this section shall be considered motor vehicle records under RSA 260:14.

2 Effective Date. This act shall take effect January 1, 2015.

LBAO

13-0029

Amended 03/28/14

HB 263 FISCAL NOTE

AN ACT relative to reporting a person as medically unfit to drive.

FISCAL IMPACT:

    The Department of Safety states this bill, as amended by the House (Amendment #2014-0914h), may increase state highway fund expenditures by an indeterminable amount in FY 2015 and each year thereafter. There will be no impact on state revenue, or county and local revenues or expenditures.

METHODOLOGY:

    The Department of Safety states this bill immunizes individuals, including medical professionals, from civil and criminal liability if they report another individual, who they have determined as medically unfit to operate a vehicle, to the Department. The Department states under this bill it would be required to review all such reports filed. The Department is unable to estimate how many such reports may be filed and whether or not it could handle the additional administrative requirements within its existing resources.