SB 0335

SB 335- AS AMENDED BY THE SENATE

AN ACT allowing physicians to make a report when a person is unfit to drive a motor vehicle.

SPONSORS: Sen. Pignatelli, Dist 13; Sen. Fernald, Dist 11; Sen. Below, Dist 5; Sen. Squires, Dist 12; Sen. Russman, Dist 19; Rep. Estabrook, Straf 8; Rep. Pilliod, Belk 3; Rep. Robb-Theroux, Sull 9

This bill provides immunity to physicians making reports to the department of safety regarding a patient's physical or mental fitness to drive.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT allowing physicians to make a report when a person is unfit to drive a motor vehicle.

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

1 Treating Physician's Reports Regarding Patient's Fitness to Drive. Amend RSA 263:59 to read as follows:

I. Notwithstanding the provisions of RSA 541-A:30, the director may order the suspension of the license of any driver in his discretion, and without a hearing, and may order the license to be delivered to the department, whenever he has reason to believe that the holder thereof is physically or mentally an improper or incompetent person to drive motor vehicles, or is driving improperly or so as to endanger the public, or has appealed from a conviction of the violation of any provision of this title, or has made a material false statement in his application; and the license shall not be reissued unless, upon examination or investigation, or after hearing, the director determines that the person should again be permitted to drive. Provided, however, that if the director revokes or suspends a driver's license under the provisions hereof, said driver, upon his written application to the department, shall be granted a hearing by the department within 15 days after the filing of said application.

II. Physicians who make reports to the department regarding patients in their care whom they believe, in good faith, to be physically or mentally unfit to operate motor vehicles shall be given immunity from any suits brought by patients so affected.

2 New Section; Physician Immunity Regarding Reports of Patient Fitness to Drive to Department of Safety. Amend RSA 329 by inserting after section 25-a the following new section:

329:25-b Physician Immunity Regarding Reports of Patient Fitness to Drive. Persons authorized to practice medicine under this chapter or under the laws of any other state who make reports to the department of safety regarding patients under their care whom they believe, in good faith, to be physically or mentally unfit to operate motor vehicles, shall be given immunity from any suits brought by patients so affected.