HOUSE HEALTH, GOVERNMENT AND INDIAN AFFAIRS

COMMITTEE SUBSTITUTE FOR

HOUSE BILL 621

51st legislature - STATE OF NEW MEXICO - first session, 2013

AN ACT

RELATING TO MOTOR VEHICLES; ENACTING A NEW SECTION OF THE MOTOR VEHICLE CODE; REQUIRING THE TAXATION AND REVENUE DEPARTMENT TO ADOPT RULES FOR THE REPORTING OF PERSONS HAVING COGNITIVE OR FUNCTIONAL IMPAIRMENTS THAT ARE LIKELY TO AFFECT THEIR ABILITY TO SAFELY OPERATE A MOTOR VEHICLE; GRANTING IMMUNITY TO A HEALTH CARE PROVIDER WHO REPORTS IN GOOD FAITH, OR WHO FAILS TO REPORT, A PERSON HAVING A COGNITIVE OR FUNCTIONAL IMPAIRMENT THAT IS LIKELY TO AFFECT THE ABILITY TO SAFELY OPERATE A MOTOR VEHICLE; LIMITING THE USE OF THE REPORT BY THE TAXATION AND REVENUE DEPARTMENT TO DETERMINATIONS OF WHETHER THE PERSON IS ELIGIBLE FOR A DRIVER'S LICENSE OR PERMIT, OR WHETHER GOOD CAUSE EXISTS TO REQUEST THE LICENSEE TO SUBMIT TO AN EXAMINATION; MAKING REPORTS CONFIDENTIAL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] RULES FOR THE REPORTING OF COGNITIVE AND FUNCTIONAL IMPAIRMENTS THAT ARE LIKELY TO AFFECT A PERSON'S ABILITY TO SAFELY OPERATE A MOTOR VEHICLE.--

          A. In consultation with medical experts and experts on cognitive or functional impairment, the department shall adopt rules:

                (1) designating health care providers that are required to report to the department a person whose cognitive or functional impairment affects that person's ability to safely operate a motor vehicle; and

                (2) designating the cognitive or functional impairments that are likely to affect a person's ability to safely operate a motor vehicle.

          B. Determinations regarding a person's ability to safely operate a motor vehicle shall not be based solely upon the diagnosis of a medical condition or cognitive or functional impairment but must be based upon the actual effect of that condition or impairment on the person's ability to safely operate a motor vehicle.

          C. Reports required by the department under this section shall be upon forms prescribed or provided by the department that shall require the following information about the person that is the subject of the report:

                (1) name;

                (2) address;

                (3) date of birth;

                (4) gender; and

                (5) a description of how the person's current medical status affects the person's ability to safely operate a motor vehicle.

          D. The department shall consider the information in the report to determine:  

                (1) the person's eligibility for a driver's license or driver's permit; and

                (2) whether good cause exists to request the licensee to submit to an examination pursuant to Section 66-5-31 NMSA 1978.

          E. The reports required by the department pursuant to this section:

                (1) are confidential and solely for the use of the department in its determination of whether a person's cognitive or functional impairment affects that person's ability to safely operate a motor vehicle; and

                (2) shall not be used as evidence in any trial, civil or criminal, arising out of an accident.

          F. A designated health care provider who in good faith reports, or who fails to report, a person whose cognitive or functional impairment affects that person's ability to safely operate a motor vehicle to the department shall not be liable in any civil action."

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