HB515 (2021) Detail

Relative to confidentiality for reporting possibly medically unfit drivers.


HB 515  - AS INTRODUCED

 

 

2021 SESSION

21-0762

11/08

 

HOUSE BILL 515

 

AN ACT relative to confidentiality for reporting possibly medically unfit drivers.

 

SPONSORS: Rep. Gay, Rock. 8; Rep. Read, Rock. 17; Rep. Love, Rock. 6; Rep. Wolf, Merr. 5; Rep. Levesque, Straf. 4; Rep. W. MacDonald, Rock. 5; Rep. Elliott, Rock. 8; Rep. Prudhomme-O'Brien, Rock. 6; Rep. Pitre, Straf. 2

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill provides that the identity of a person reporting that a driver may not be fit to drive shall remain confidential unless the division of motor vehicles deems such report malicious.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0762

11/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to confidentiality for reporting possibly medically unfit drivers.

 

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

 

1 Drivers' Licenses; Reporting Possibly Medically Unfit Driver.  Amend RSA 263:6-d to read as follows:

263:6-d Reporting Medically Unfit Person; Immunity.  

I.  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.

II.  To protect family, friend, and professional relationships and except pursuant to the provisions of paragraph III, the identity of a person who reports in a signed written statement to the division his or her observations of a driver who does not appear to be capable of driving safely shall be kept confidential.  The division may research the driving ability of the reported driver, including, but not limited to, accident reports, police records, and retesting interviews.  The division maintains it authority to determine the competence of the reported driver and any subsequent actions.  The reported driver maintains the confidentiality guaranteed to all citizens' division records.

III.  The reporting person's identity shall not remain confidential in any instance where the division deems the complaint malicious.  In such cases the reported driver has the right to know the identity of the reporting person.

2  Effective Date.  This act shall take effect 60 days after its passage.

Links


Date Body Type
Feb. 19, 2021 House Hearing
March 5, 2021 House Exec Session
House Floor Vote

Bill Text Revisions

HB515 Revision: 31829 Date: Jan. 11, 2021, 3:05 p.m.

Docket


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Inexpedient to Legislate: MA VV 04/07/2021 HJ 5 P. 49


April 7, 2021: Inexpedient to Legislate: MA VV 04/07/2021 HJ 5 P. 49


: Committee Report: Inexpedient to Legislate (Vote 19-0; CC) HC 18 P. 25


March 25, 2021: Committee Report: Inexpedient to Legislate (Vote 19-0; CC) HC 18 P. 25


March 5, 2021: Executive Session: 03/05/2021 11:30 am Members of the public may attend using the following links: To join the webinar: https://www.zoom.us/j/99182085994


Feb. 19, 2021: Public Hearing: 02/19/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98257633759 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Transportation HJ 2 P. 51


Jan. 11, 2021: Introduced (in recess of) 01/06/2021 and referred to Transportation HJ 2 P. 51