Relates to the certifications of disability for severely disabled persons to obtain certain motor vehicle registrations, plates and permits.
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to certifications of disability for severely disabled persons to obtain certain motor vehicle registrations and plates
To authorize certifications of disability by optometrists related to motor vehicle registrations and license plates for severely disabled and handicapped persons.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend Vehicle and Traffic Law § 404-a to authorize the commissioner of motor vehicles to accept a certification of disability from an optometrist for purposes of issuing a motor vehicle registration and disabled person plates to a severely disabled person.
Vehicle and Traffic Law § 404-a authorizes a physician, physician assistant, nurse practitioner, or podiatrist to certify disabilities to support issuance of a distinctive motor vehicle registration and license plates to a severely disabled person. Such disabilities include: limited or no use of one or both lower limbs; neuro-muscular dysfunction which severely limits mobility; other physical or mental impairments or conditions; and blindness.
STATEMENT IN SUPPORT:
The purpose of this bill is to help persons with disabilities lead independent lives through the benefits provided by motor vehicle handicap registrations and license plates. This bill would assist in that effort by authorizing severely disabled persons to use certifications from optometrists to support their applications for these purposes. Under current law, certifications of disability from optometrists are not authorized by the Department of Motor Vehicles or municipalities for purposes of justifying the issuance of registrations and license plates; while certifications are accepted from other healthcare providers including physicians, physician assistants, nurse practitioners, and podiatrists.
It is within optometrists' scope of practice, education and training, and as provided in their licensure and registration by the State Education Department, to diagnose eye conditions, including low-vision and blindness. Since persons suffering from these conditions often have optometrists as their primary eye care provider, it is appropriate that they be able to have their optometrists certify to their disability _ and for the Department of Motor Vehicles and
municipalities to accept such certifications. The bill would provide that optometrists may only certify to disabilities within their scope of practice - that is eye and vision conditions, and would not authorize optometrists to certify disabilities unrelated to eye conditions such as medical conditions concerning the use of lower limbs, neuro-muscular dysfunctions that severely limit mobility, mental impairments, and most other physical conditions.
Similar to S.7486 of 2010 - Advanced to 3rd Reading
This act shall take effect thirty days after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1340--A Cal. No. 112 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________Introduced by Sens. DILAN, ADAMS, DIAZ -- read twice and ordered print- ed, and when printed to be committed to the Committee on Transporta- tion -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the vehicle and traffic law, in relation to certif- ications of disability for severely disabled persons to obtain certain motor vehicle registrations and plates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph and paragraph (c) of subdivision 4 and paragraph (b) of subdivision 5 of section 404-a of the vehicle and traffic law, as amended by chapter 228 of the laws of 2008, are amended and a new subdivision 4-b is added to read as follows: The commissioner shall issue sets of plates to such person in accord- ance with subdivision two of this section with proof of such disability of such person or such members of his OR HER family certified by a physician, physician assistant or nurse practitioner, to the extent authorized by law, including the education law, and consistent with any applicable written practice agreement, or podiatrist pursuant to subdi- vision four-a of this section OR OPTOMETRIST PURSUANT TO SUBDIVISION FOUR-B OF THIS SECTION, to the satisfaction of the commissioner who is empowered to carry out the effects of this section by formulating rules and regulations. (c) Has a physical or mental impairment or condition which is other than those specified above, but is of such nature as to impose unusual hardship in utilization of public transportation facilities and such condition is certified by a physician, physician assistant or nurse practitioner, to the extent authorized by law, including the educationEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03017-03-2 S. 1340--A 2
law, and consistent with any applicable written practice agreement, duly licensed to practice medicine in this state, or, pursuant to subdivision four-a of this section, a podiatrist duly licensed to practice podiatry in this state OR, PURSUANT TO SUBDIVISION FOUR-B OF THIS SECTION, AN OPTOMETRIST DULY LICENSED TO PRACTICE OPTOMETRY IN THIS STATE, as constituting an equal degree of disability (specifying the particular condition) so as to prevent such person from getting around without great difficulty in accordance with subdivision two of this section; or (b) The commissioner may require the applicant for registration to furnish such proof of his OR HER disability or such proof of disability of such members of his OR HER family from a physician, physician assist- ant or nurse practitioner, to the extent authorized by law, including the education law, and consistent with any applicable written practice agreement, or podiatrist pursuant to subdivision four-a of this section OR OPTOMETRIST PURSUANT TO SUBDIVISION FOUR-B OF THIS SECTION, as the commissioner deems necessary either for initial registration or renewal thereof; provided, however, that a handicapped or disabled permit issued by a municipality to such applicant pursuant to section twelve hundred three-a of this chapter shall be deemed sufficient proof of disability for purposes of this paragraph. 4-B. CERTIFICATION OF DISABILITY BY AN OPTOMETRIST. AN OPTOMETRIST DULY LICENSED TO PRACTICE OPTOMETRY IN THIS STATE MAY CERTIFY ONLY THOSE CONDITIONS WHICH HE OR SHE TREATS IN THE COURSE OF THE PRACTICE OF OPTO- METRY, AS DEFINED IN SECTION SEVENTY-ONE HUNDRED ONE OF THE EDUCATION LAW. S 2. This act shall take effect on the thirtieth day after it shall have become a law.