Establishes a pilot program directing the department of motor vehicles to establish a confidential database of the emergency medical information of drivers who elect to participate; such information would only be provided to emergency medical personnel when a participant was in need of care.
TITLE OF BILL:
An act to amend the vehicle and traffic law and the public health law, in relation to establishing a pilot program authorizing the department of motor vehicles to include certain health information on persons who elect to participate in such program
To establish a pilot program to create a emergency medical information data base for those persons who hold a New York State Driver's Licenses. Such data base would be accessible only to Emergency Medical Technicians (EMT) who are performing Emergency Medical services at the scene of an accident. Such medical information may include blood type, allergies to medications or other substances, cardiac information, or any chronic condition deemed relevant by the commissioner of Health and emergency contact information. Such information shall not be placed on the Driver's License, but accessible via a DMV data base in a manner similar to the DMV data base that is already maintained document: whether a driver is covered under an auto insurance policy and the driver's driving and accident record and criminal history related to the operation of a motor vehicle.
SUMMARY OF PROVISIONS:
Section 1: Amend Vehicle & Traffic Law section 502 to give a driver's license applicant the option to provide emergency medical information that may be accessed by EMTs during a motor vehicle accident or other trauma situation.
Section 2: Amends Vehicle & Traffic Law section 503 to place on all applications for renewal of a license, the option for the applicant to provide emergency medical information or to alter emergency medical information that was provided for previously to DMV.
Section 3: Amends Vehicle & Traffic Law section 507 to establish the parameters of the emergency medical information pilot program. Unlike other proposals which mandate that the driver's license be altered to place sensitive medical information on such card, this bill will allow the EMT to access this information by coding in the already existing Driver's License number or bar code on the back of the license to obtain sensitive emergency medical information. This system is already in place at DMV for police officers to access driving records and auto insurance status. This is merely an extension of that program. In addition, this system will be far easier to establish and maintain. This is because there will be no need to continually update the driving record of the licensee or communicate with auto insurers on the status of auto insurance coverage to maintain an accurate data base. All information shall come directly from the license applicant.
The kinds of emergency medical information that could be included in this data base are blood type, emergency contact information, allergies to medicine or other substances, chronic heart conditions, or other pertinent medical information suggested to be included by DOH.
This section has safeguards so that sensitive medical information can only be accessed by EMTs. Further that DMV may not disclose or sell this information.
While there are already existing systems of data collection that DMV performs to access driving records and insurance information, the sponsor is still sensitive to the need for DMV to have a long lead time to set this protocol up. For this reason, the effective date to establish this pilot program is 18 months. Further, DMV has the sole discretion to extend the implementation date for an additional 18 months or slowly implement the program in certain regions or counties of the state first to work out any systems bugs that may exist.
Section 4: Amends Public Health Law section 206, which provides for the general powers and duties of the Health Commissioner to include cooperating with the DMV in establishing the Emergency Medical Information Pilot Program. DOH's assistance will be mostly in advising DMV on what types of emergency medical information that should be solicited from driver's license applicants.
No provision currently exists for inclusion of a licensee's blood type or other emergency medical information that could be accessed via a New York State Driver's License.
Time is of the essence when emergency medical staff are treating acute trauma injuries of accident victims at the scene of an auto accident or in other situations. One way to save valuable time and increase the effectiveness of providing emergency medical care is to ensure that a person's blood type and other important emergency medical information is easily accessible to and known by emergency responders and police personnel as soon as possible at the scene of an accident.
The ABO blood group system, discovered in 1901, contains 4 blood types: ABABA and O. The Rh, or rhysus, system classifies blood into Rh-positive and Rhnegative categories. ABa incompatibilities are the major cause of fatal transfusion reactions; Rh antibodies develop as an adverse response after transfusion. Typing and cross matching blood ensures a safe match, but takes time and effort that may not be spared in an active life saving situation.
Type 0, which is 'universal donor blood', may often be used, but is typically in very short supply.
With over 2 million traffic accidents annually and many other incidents, accidents and rescue situations occurring regularly, providing quick access to blood type information, and other important medical information such as allergies to medicines or other
substances, cardiac information, other chronic conditions, and emergency contact information should help to ensure the delivery of swift and effective medical assistance.
2004: A.3197 - Referred to Transportation 2006: S.3293 - Referred to Transportation 2008: S.2233 - Referred to Transportation 2010: S.1830 - Referred to Transportation
Minimal cost to DMV of including a space on licenses for blood type information.
18 months after enactment, with the DMV Commissioner authorized to promulgate necessary rules and regulations immediately.
STATE OF NEW YORK ________________________________________________________________________ 539--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. KLEIN, BRESLIN, CARLUCCI, SAMPSON, SAVINO, SMITH, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law and the public health law, in relation to establishing a pilot program authorizing the department of motor vehicles to include certain health information on persons who elect to participate in such program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 502 of the vehicle and traffic law, as amended by chapter 639 of the laws of 2006, is amended to read as follows: 1. Application for license. Application for a driver's license shall be made to the commissioner. The fee prescribed by law may be submitted with such application. The applicant shall furnish such proof of identi- ty, age, and fitness as may be required by the commissioner. The commis- sioner may also provide that the application procedure shall include the taking of a photo image or images of the applicant in accordance with rules and regulations prescribed by the commissioner. In addition, the commissioner also shall require that the applicant provide his or her social security number and provide space on the application so that the applicant may register in the New York state organ and tissue donor registry under section forty-three hundred ten of the public health law. IN ADDITION, THE COMMISSIONER SHALL PROVIDE SPACE ON THE APPLICATION WHEREBY THE APPLICANT MAY PROVIDE EMERGENCY MEDICAL INFORMATION IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION FIVE HUNDRED SEVEN OF THIS ARTICLE. In addition, an applicant for a commercial driver's license who will operate a commercial motor vehicle in interstate commerce shallEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04224-02-1 S. 539--A 2
certify that such applicant meets the requirements to operate a commer- cial motor vehicle, as set forth in public law 99-570, title XII, and title 49 of the code of federal regulations, and all regulations promul- gated by the United States secretary of transportation under the hazard- ous materials transportation act. Upon a determination that the holder of a commercial driver's license has made any false statement, with respect to the application for such license, the commissioner shall revoke such license. S 2. Section 503 of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows: 5. EMERGENCY MEDICAL INFORMATION. THE COMMISSIONER SHALL PROVIDE SPACE ON THE APPLICATION FOR RENEWAL OF A LICENSE WHEREBY THE APPLICANT MAY PROVIDE EMERGENCY MEDICAL INFORMATION, OR CORRECT, AFFIRM, UPDATE AND/OR ELIMINATE ANY EMERGENCY MEDICAL INFORMATION PREVIOUSLY PROVIDED TO THE DEPARTMENT BY THE APPLICANT IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION FIVE HUNDRED SEVEN OF THIS ARTICLE. S 3. Section 507 of the vehicle and traffic law is amended by adding a new subdivision 6 to read as follows: 6. EMERGENCY MEDICAL INFORMATION PILOT PROGRAM. (A) THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF HEALTH, SHALL ESTABLISH A PILOT PROGRAM TO CREATE AND MAINTAIN AN EMERGENCY MEDICAL INFORMATION DATABASE ON HOLDERS OF DRIVERS LICENSES WHO KNOWINGLY AND VOLUNTARILY ELECT TO PROVIDE SUCH INFORMATION TO THE DEPARTMENT FOR PURPOSES OF THE PROVISIONS OF EMERGENCY MEDICAL TREATMENT PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW. SUCH DATABASE SHALL BE DEVELOPED AND IMPLEMENTED BY THE DEPARTMENT WHICH SHALL SEEK TECHNICAL ASSISTANCE FROM THE DEPART- MENT OF HEALTH AND PROVIDERS OF EMERGENCY MEDICAL SERVICES. SUCH PILOT PROGRAM SHALL INCLUDE THE FOLLOWING ELEMENTS: (I) THE OPTION FOR AN APPLICANT FOR OR HOLDER OF A DRIVERS LICENSE TO PROVIDE HIS OR HER BLOOD TYPE, ANY ALLERGIES TO MEDICATIONS AND/OR OTHER SUBSTANCES OR ORGANISMS, EMERGENCY CONTACT INFORMATION, ANY CARDIAC CONDITIONS, ANY CHRONIC CONDITION, AND/OR ANY CONDITION DEEMED RELEVANT TO EMERGENCY MEDICAL TREATMENT BY THE COMMISSIONER OF HEALTH; (II) PROVISIONS AUTHORIZING THE DISCLOSURE TO AND BY THE DEPARTMENT OF AN APPLICANT'S EMERGENCY MEDICAL INFORMATION WHICH COMPLY WITH THE PROVISIONS OF STATE AND FEDERAL LAW RELATING TO THE CONFIDENTIALLY AND DISCLOSURE OF MEDICAL INFORMATION; (III) THE PROVISION OF THE EMERGENCY MEDICAL INFORMATION OF THE HOLDER OF A DRIVER LICENSE, WHO ELECTS TO PARTICIPATE IN THIS PROGRAM, BASED UPON THE IDENTIFICATION NUMBER OF SUCH LICENSE OR THE SCANNABLE BAR CODE THEREON, TO A POLICE OFFICER, EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN WHO IS PRESENT AT A LOCATION AT WHICH SUCH HOLDER REQUIRES EMERGENCY MEDICAL TREATMENT; (IV) THAT THE INFORMATION INCLUDED IN THE DATABASE SHALL BE CONFIDEN- TIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. FURTHERMORE, SUCH INFORMATION SHALL BE MAIN- TAINED AND SHALL ONLY BE DISCLOSED IN ACCORDANCE WITH THIS SUBDIVISION AND THE PROVISION OF STATE AND FEDERAL LAWS RELATING TO MEDICAL INFORMA- TION; AND (V) A REQUIREMENT THAT EACH APPLICANT FOR AND HOLDER OF A DRIVERS LICENSE, WHO ELECTS TO PARTICIPATE IN THE PILOT PROGRAM GRANTS A WAIVER OF LIABILITY TO THE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES, IF THE INFORMATION PROVIDED PURSUANT TO THIS CAUSES PERSONAL INJURY OR DEATH TO SUCH PERSON, OR IF THE DEPARTMENT IS PROVIDED WITH INCORRECT INFORMA- TION.S. 539--A 3
(B) THE DEPARTMENT MAY INITIALLY LIMIT THE SCOPE OF THE PILOT PROGRAM TO A SELECT NUMBER OF REGIONS AND/OR COUNTIES OF THE STATE FOR A PERIOD OF NOT MORE THAN EIGHTEEN MONTHS, UNLESS THE COMMISSIONER SHALL DETER- MINE THAT THE IMPLEMENTATION OF THE PILOT PROGRAM STATEWIDE AFTER SUCH EIGHTEEN MONTH PERIOD OF TIME. IF THE COMMISSIONER POSTPONES THE PILOT PROGRAM STATEWIDE, SUCH POSTPONEMENT SHALL BE FOR AN ADDITIONAL EIGHTEEN MONTHS AND HE OR SHE SHALL REPORT TO THE LEGISLATURE THE REASONS WHY SUCH PROGRAM CANNOT BE FULLY IMPLEMENTED AND REQUEST THAT THE LAW BE AMENDED TO DELAY ITS IMPLEMENTATION. (C) THE COMMISSIONER MAY SUBMIT TO THE LEGISLATURE SUCH LEGISLATIVE PROPOSALS AS HE OR SHE SHALL DEEM NECESSARY TO FACILITATE AND MINIMIZE THE COST OF THE IMPLEMENTATION OF THE PILOT PROGRAM. S 4. Subdivision 1 of section 206 of the public health law is amended by adding a new paragraph (s) to read as follows: (S) COOPERATE WITH THE COMMISSIONER OF MOTOR VEHICLES, TO ESTABLISH AND IMPLEMENT THE EMERGENCY MEDICAL INFORMATION PILOT PROGRAM PURSUANT TO SUBDIVISION SIX OF SECTION FIVE HUNDRED SEVEN OF THE VEHICLE AND TRAFFIC LAW. S 5. This act shall take effect eighteen months after it shall have become a law, provided that, effective immediately, any actions neces- sary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.