(Reprinted with amendments adopted on April 21, 2003)

 

Assembly Bill No. 406–Assemblymen Hardy, Gibbons, Andonov, Beers, Brown, Christensen, Collins, Conklin, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Knecht, Koivisto, Mabey, Manendo, McClain, Pierce and Weber

 

March 17, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions governing reporting of information by physicians to Department of Motor Vehicles concerning certain patients with epilepsy. (BDR 43‑1166)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public safety; authorizing physicians, under certain circumstances, to report to the Department of Motor Vehicles certain information regarding patients who have epilepsy; abolishing the related duty of physicians to report certain patient information; requiring physicians to inform certain patients with epilepsy of the dangers of operating a motor vehicle; providing that certain reports and statements provided to the Department concerning patients with epilepsy are not subject to the doctor-patient privilege under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 483 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A person with epilepsy shall not operate a motor vehicle if

1-4  that person has been informed by a physician pursuant to NRS

2-1  439.270 that his condition would severely impair his ability to

2-2  operate safely a motor vehicle.

2-3  2.  If a physician is aware that a person has violated

2-4  subsection 1 after the physician has informed the person pursuant

2-5  to NRS 439.270 that the person’s condition would severely impair

2-6  his ability to operate safely a motor vehicle, the physician may,

2-7  without the consent of the person, submit a written report to the

2-8  Department that includes the name, address and age of the person.

2-9  A report received by the Department pursuant to this subsection:

2-10      (a) Is confidential, except that the contents of the report may

2-11  be disclosed to the person about whom the report is made;

2-12      (b) May include the statement maintained by the physician

2-13  pursuant to subsection 4 of NRS 439.270; and

2-14      (c) May be used by the Department solely for the purpose of

2-15  determining the eligibility of the person about whom the report is

2-16  made to operate safely a motor vehicle.

2-17      3.  The submission by a physician of a report pursuant to

2-18  subsection 2 is solely within his discretion. No cause of action may

2-19  be brought against a physician based on the fact that he did not

2-20  submit such a report.

2-21      4.  No cause of action may be brought against a physician

2-22  based on the fact that he did submit a report pursuant to

2-23  subsection 2 unless the physician acted with malice, intentional

2-24  misconduct, gross negligence, or intentional or knowing violation

2-25  of the law.

2-26      Sec. 2.  NRS 483.010 is hereby amended to read as follows:

2-27      483.010  The provisions of NRS 483.010 to 483.630, inclusive,

2-28  and section 1 of this act, may be cited as the Uniform Motor

2-29  Vehicle Drivers’ License Act.

2-30      Sec. 3.  NRS 49.245 is hereby amended to read as follows:

2-31      49.245  There is no privilege under NRS 49.225 or 49.235:

2-32      1.  For communications relevant to an issue in proceedings to

2-33  hospitalize the patient for mental illness, if the doctor in the course

2-34  of diagnosis or treatment has determined that the patient is in need

2-35  of hospitalization.

2-36      2.  As to communications made in the course of a court-ordered

2-37  examination of the condition of a patient with respect to the

2-38  particular purpose of the examination unless the court orders

2-39  otherwise.

2-40      3.  As to written medical or hospital records relevant to an issue

2-41  of the condition of the patient in any proceeding in which the

2-42  condition is an element of a claim or defense.

2-43      4.  In a prosecution or mandamus proceeding under chapter

2-44  441A of NRS.

3-1  5.  As to any information communicated to a physician in an

3-2  effort unlawfully to procure a dangerous drug or controlled

3-3  substance, or unlawfully to procure the administration of any such

3-4  drug or substance.

3-5  6.  As to any written medical or hospital records which are

3-6  furnished in accordance with the provisions of NRS 629.061.

3-7  7.  As to records that are required by chapter 453 of NRS to be

3-8  maintained.

3-9  8.  As to reports made to the Department of Motor Vehicles

3-10  pursuant to subsection 2 of section 1 of this act and statements

3-11  provided to the Department pursuant to NRS 439.270.

3-12      9.  If the services of the physician are sought or obtained to

3-13  enable or aid a person to commit or plan to commit fraud or any

3-14  other unlawful act in violation of any provision of chapter 616A,

3-15  616B, 616C, 616D or 617 of NRS which the person knows or

3-16  reasonably should know is fraudulent or otherwise unlawful.

3-17      Sec. 4.  NRS 439.270 is hereby amended to read as follows:

3-18      439.270 1.  The State Board of Health shall define epilepsy

3-19  for the purposes of [the reports hereinafter referred to in] this

3-20  section.

3-21      [2.  All physicians shall report immediately to the Health

3-22  Division, in writing, the name, age and address of every person

3-23  diagnosed as a case of epilepsy.

3-24      3.  The Health Division shall report, in writing, to the

3-25  Department of Motor Vehicles the name, age and address of every

3-26  person reported to it as a case of epilepsy.

3-27      4.  The reports are for the information of the Department of

3-28  Motor Vehicles and must be kept confidential and used solely to

3-29  determine the eligibility of any person to operate a vehicle on the

3-30  streets and highways of this state.

3-31      5.  A violation of this section is a misdemeanor.]

3-32      2.  If a physician determines that, in his professional

3-33  judgment, a patient’s epilepsy severely impairs the ability of the

3-34  patient to operate safely a motor vehicle, the physician shall:

3-35      (a) Adequately inform the patient of the dangers of operating a

3-36  motor vehicle with his condition until such time as the physician

3-37  or another physician informs the patient that the patient’s

3-38  condition does not severely impair the ability of the patient to

3-39  operate safely a motor vehicle; and

3-40      (b) Except as otherwise provided in subsection 3:

3-41          (1)  Require the patient to sign a statement acknowledging

3-42  that the patient has been informed by the physician of the dangers

3-43  of operating a motor vehicle with his condition; and

3-44          (2) Retain the original signed acknowledgment and provide

3-45  a copy of the statement to the patient.

4-1  3.  If a patient refuses to sign a statement pursuant to

4-2  paragraph (b) of subsection 2, the physician shall sign a written

4-3  statement verifying that the physician informed the patient of all

4-4  material facts and information required by paragraph (a) of

4-5  subsection 2. The physician shall, to the extent practicable,

4-6  provide a copy of the statement signed by the physician to the

4-7  patient.

4-8  4.  A statement signed by a patient pursuant to subsection 2 or

4-9  a statement signed by a physician pursuant to subsection 3 shall

4-10  be deemed a health care record, as defined in NRS 629.021.

4-11      5.  A physician may, upon the request of the Department of

4-12  Motor Vehicles, provide to the Department a copy of a statement

4-13  signed by a patient pursuant to subsection 2 or a statement signed

4-14  by a physician pursuant to subsection 3. A statement received by

4-15  the Department pursuant to this subsection:

4-16      (a) Is confidential, except that the contents of the statement

4-17  may be disclosed to the patient; and

4-18      (b) May be used by the Department solely for the purpose of

4-19  determining the eligibility of the patient to operate safely a motor

4-20  vehicle.

4-21      6.  The provision by a physician of a copy of a statement

4-22  pursuant to subsection 5 is solely within his discretion. No cause

4-23  of action may be brought against a physician based on the fact

4-24  that he chose not to provide such a copy.

4-25      7.  No cause of action may be brought against a physician

4-26  based on the fact that he did provide a copy of a statement

4-27  pursuant to subsection 5 unless the physician acted with malice,

4-28  intentional misconduct, gross negligence, or intentional or

4-29  knowing violation of the law.

4-30      8.  As used in this section, “patient” means a person who

4-31  consults or is examined or interviewed by a physician for the

4-32  purposes of diagnosis or treatment.

4-33      Sec. 5.  This act becomes effective on July 1, 2003.

 

4-34  H