sb 0075

SB 75 - AS AMENDED BY THE SENATE

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

SPONSORS: Sen. Pignatelli, Dist 13; Sen. Below, Dist 5; Sen. Fernald, Dist 11; Sen. Gordon, Dist 2; Rep. Craig, Hills 38; Rep. Rowe, Hills 14; Rep. Dokmo, Hills 14; Rep. Leishman, Hills 13

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to physicians who 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 Purpose. The general court finds there is a need to reduce the threat to public and patient safety when a physician determines a patient is unfit to operate a motor vehicle, and to prevent situations where a physician's advice to a patient to discontinue driving may be ignored. The purpose of this act is to encourage physicians to notify the department of safety in situations where the physician believes a patient to be physically or mentally unfit to drive. This act protects the interests of patients and safeguards physicians from liability when reporting in good faith. This act does not require reporting, but protects the physician by a grant of immunity and the patient by limiting use and disclosure of information.

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 a patient under their care whom they have reasonable cause to believe, in good faith, to be physically or mentally unfit to operate a motor vehicle, meaning that the patient's operation of a motor vehicle poses an immediate threat to the safety or well being of themselves or others, shall be immune from any civil or criminal liability that might otherwise result by reason of their actions.

I. The confidential relations and communications between a physician or surgeon licensed under provisions of this chapter and the patient of such physician or surgeon are placed on the same basis as those provided by law between attorney and client, and, except as otherwise provided by law, no such physician or surgeon shall be required to disclose such privileged communications. Confidential relations and communications between a patient and any person working under the supervision of a physician or surgeon that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with such supervising physician or surgeon.

(a) Investigations and hearings conducted by the board of medicine under RSA 329, any other statutorily created health occupational licensing or certifying board conducting licensing, certifying, or disciplinary proceedings or hearings conducted pursuant to RSA 135-C:27-54 or RSA 464-A. [~~This section shall also not apply to~~]

(b) The release of blood samples and the results of laboratory tests for blood alcohol content taken from a person who is under investigation for driving a motor vehicle while such person was under the influence of intoxicating liquors or controlled drugs. The use and disclosure of such information shall be limited to the official criminal proceedings.

(c) The release of information to the department of safety regarding a patient whom the treating physician has reasonable cause to believe, in good faith, to be physically or mentally unfit to operate a motor vehicle, meaning that the patient's operation of a motor vehicle poses an immediate threat to the safety or well being of themselves or others. The use and disclosure of such information shall be limited to official proceedings or actions of the department of safety.