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SB-357 Vehicles: physician and surgeon reporting.(2023-2024)

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Date Published: 08/23/2024 09:00 PM
SB357:v94#DOCUMENT

Enrolled  August 23, 2024
Passed  IN  Senate  August 22, 2024
Passed  IN  Assembly  August 12, 2024
Amended  IN  Assembly  May 06, 2024
Amended  IN  Senate  April 27, 2023
Amended  IN  Senate  April 17, 2023
Amended  IN  Senate  March 29, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 357

Introduced by Senator Portantino
(Coauthor: Senator Umberg)
(Coauthor: Assembly Member Davies)

February 08, 2023

An act to amend, repeal, and add Section 7930.180 of the Government Code, to amend and repeal Section 103900 of the Health and Safety Code, and to amend Section 12806 of, to add Article 7 (commencing with Section 13030) to Chapter 1 of Division 6 of, and to repeal Section 13030 of, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 357, Portantino. Vehicles: physician and surgeon reporting.
Existing law requires a physician and surgeon to report in writing immediately to the local health officer, the name, date of birth, and address of every patient at least 14 years of age or older whom the physician and surgeon has diagnosed as having a disorder characterized by lapses of consciousness. Existing law requires the local health officer to report this information in writing to the Department of Motor Vehicles. Existing law authorizes the department to refuse to issue to, or renew a driver’s license of, a person who has a disorder characterized by lapses of consciousness or who has experienced, within the last 3 years, either a lapse of consciousness or an episode of marked confusion caused by any condition that may bring about recurrent lapses.
This bill would delete these existing provisions on January 1, 2030, and instead would authorize, until January 1, 2037, a physician and surgeon to report in writing immediately to the department the name, date of birth, and address of every patient at least 15 years of age, or 14 years of age if the patient has a junior permit, whom the physician and surgeon has diagnosed as having any condition severe enough to be likely to impair the patient’s ability to operate a motor vehicle if a physician and surgeon reasonably and in good faith believes that reporting the patient will serve the public interest. This bill would require a physician and surgeon to report in writing every above-described patient whom the physician and surgeon has diagnosed as having Alzheimer’s disease or a related disorder.
This bill would also require, until January 1, 2037, the department, in cooperation with the State Department of Public Health, to guide reporting so that diagnosed cases reported are only those where there is reason to believe that the patients’ conditions are likely to impair their ability to operate a motor vehicle. The bill would also exempt, until January 1, 2037, a health care provider or health care entity from specified liability, including, among others, civil or criminal liability, for making or not making, or in relation to or arising from making or not making, the report.
This bill would require the Department of Motor Vehicles, by January 1, 2035, to submit a report to the Legislature evaluating the impact of transitioning to a discretionary reporting system. The bill would require the department’s report, among other things, to compare the number of reports submitted by physicians and surgeons to the department, before and after this transition. The bill would repeal the department’s reporting requirement on January 1, 2037.
This bill would, beginning on January 1, 2037, revert to the physician and surgeon reporting requirements in existing law, except the bill would provide a specific definition of “disorders characterized by lapses of consciousness.”
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7930.180 of the Government Code is amended to read:

7930.180.
 (a) The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division:
(1) Parole revocation proceedings, confidentiality of information in reports, Section 3063.5 of the Penal Code.
(2) Passenger fishing boat licenses, records, Section 7923 of the Fish and Game Code.
(3) Paternity, acknowledgment, confidentiality of records, Section 102760 of the Health and Safety Code.
(4) Patient-physician confidential communication, Sections 992 and 994 of the Evidence Code.
(5) Patient records, confidentiality of, Section 123135 of the Health and Safety Code.
(6) Payroll records, confidentiality of, Section 1776 of the Labor Code.
(7) Peace officer personnel records, confidentiality of, Sections 832.7 and 832.8 of the Penal Code.
(8) Penitential communication between penitent and clergy, Sections 1032 and 1033 of the Evidence Code.
(9) Personal Care Services Program, exemption from disclosure for information regarding persons paid by the state to provide personal care services, Section 7926.300 of this code.
(10) Personal Income Tax, disclosure of information, Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(11) Personal information, Information Practices Act, prohibitions against disclosure by state agencies, Sections 1798.24 and 1798.75 of the Civil Code.
(12) Personal information, subpoena of records containing, Section 1985.4 of the Code of Civil Procedure.
(13) Personal representative, confidentiality of personal representative’s birthdate and driver’s license number, Section 8404 of the Probate Code.
(14) Persons formerly classified as mentally abnormal sex offenders committed to a state hospital, confidentiality of records, Section 4135 of the Welfare and Institutions Code.
(15) Persons with mental health disorders, court-ordered evaluation, confidentiality of reports, Section 5202 of the Welfare and Institutions Code.
(16) Persons with mental health disorders, confidentiality of written consent to detainment, Section 5326.4 of the Welfare and Institutions Code.
(17) Persons with mental health disorders voluntarily detained and receiving services, confidentiality of records and information, Sections 5328, 5328.15, 5328.2, 5328.4, 5328.8, and 5328.9 of the Welfare and Institutions Code.
(18) Persons with mental health disorders, weapons restrictions, confidentiality of information about, Section 8103 of the Welfare and Institutions Code.
(19) Petition signatures, Section 18650 of the Elections Code.
(20) Petroleum supply and pricing, confidential information, Sections 25364 and 25366 of the Public Resources Code.
(21) Pharmacist, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 4372 of the Business and Professions Code.
(22) Physical therapist or assistant, records of dangerous drug or alcohol diversion and rehabilitation, confidentiality of, Section 2667 of the Business and Professions Code.
(23) Physical or mental condition or conviction of controlled substance offense, records in Department of Motor Vehicles, confidentiality of, Section 1808.5 of the Vehicle Code.
(24) Physician assistant, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 3534.7 of the Business and Professions Code.
(25) Physician competency examination, confidentiality of reports, Section 2294 of the Business and Professions Code.
(26) Physicians and surgeons, confidentiality of reports of patients with a lapse of consciousness disorder, Section 103900 of the Health and Safety Code.
(27) Physician Services Account, confidentiality of patient names in claims, Section 16956 of the Welfare and Institutions Code.
(28) Pilots, confidentiality of personal information, Section 1157.1 of the Harbors and Navigation Code.
(29) California Pollution Control Financing Authority, financial data submitted to, Section 7924.505 of this code.
(30) Postmortem or autopsy photographs, Section 129 of the Code of Civil Procedure.
(b) This section shall remain in effect until January 1, 2030, and as of that date is repealed.

SEC. 2.

 Section 7930.180 is added to the Government Code, to read:

7930.180.
 (a)  The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division:
(1) Parole revocation proceedings, confidentiality of information in reports, Section 3063.5 of the Penal Code.
(2) Passenger fishing boat licenses, records, Section 7923 of the Fish and Game Code.
(3) Paternity, acknowledgment, confidentiality of records, Section 102760 of the Health and Safety Code.
(4) Patient-physician confidential communication, Sections 992 and 994 of the Evidence Code.
(5) Patient records, confidentiality of, Section 123135 of the Health and Safety Code.
(6) Payroll records, confidentiality of, Section 1776 of the Labor Code.
(7) Peace officer personnel records, confidentiality of, Sections 832.7 and 832.8 of the Penal Code.
(8) Penitential communication between penitent and clergy, Sections 1032 and 1033 of the Evidence Code.
(9) Personal Care Services Program, exemption from disclosure for information regarding persons paid by the state to provide personal care services, Section 7923.300 of this code.
(10) Personal Income Tax, disclosure of information, Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(11) Personal information, Information Practices Act, prohibitions against disclosure by state agencies, Sections 1798.24 and 1798.75 of the Civil Code.
(12) Personal information, subpoena of records containing, Section 1985.4 of the Code of Civil Procedure.
(13) Personal representative, confidentiality of personal representative’s birthdate and driver’s license number, Section 8404 of the Probate Code.
(14) Persons formerly classified as mentally abnormal sex offenders committed to a state hospital, confidentiality of records, Section 4135 of the Welfare and Institutions Code.
(15) Persons with mental health disorders, court-ordered evaluation, confidentiality of reports, Section 5202 of the Welfare and Institutions Code.
(16) Persons with mental health disorders, confidentiality of written consent to detainment, Section 5326.4 of the Welfare and Institutions Code.
(17) Persons with mental health disorders voluntarily detained and receiving services, confidentiality of records and information, Sections 5328, 5328.15, 5328.2, 5328.4, 5328.8, and 5328.9 of the Welfare and Institutions Code.
(18) Persons with mental health disorders, weapons restrictions, confidentiality of information about, Section 8103 of the Welfare and Institutions Code.
(19) Petition signatures, Section 18650 of the Elections Code.
(20) Petroleum supply and pricing, confidential information, Sections 25364 and 25366 of the Public Resources Code.
(21) Pharmacist, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 4372 of the Business and Professions Code.
(22) Physical therapist or assistant, records of dangerous drug or alcohol diversion and rehabilitation, confidentiality of, Section 2667 of the Business and Professions Code.
(23) Physical or mental condition or conviction of controlled substance offense, records in Department of Motor Vehicles, confidentiality of, Section 1808.5 of the Vehicle Code.
(24) Physician assistant, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 3534.7 of the Business and Professions Code.
(25) Physician competency examination, confidentiality of reports, Section 2294 of the Business and Professions Code.
(26) Physicians and surgeons, confidentiality of reports of patients, Sections 13030 and 13030.5 of the Vehicle Code.
(27) Physician Services Account, confidentiality of patient names in claims, Section 16956 of the Welfare and Institutions Code.
(28) Pilots, confidentiality of personal information, Section 1157.1 of the Harbors and Navigation Code.
(29) California Pollution Control Financing Authority, financial data submitted to, Section 7924.505 of this code.
(30) Postmortem or autopsy photographs, Section 129 of the Code of Civil Procedure.
(b) This section shall become operative on January 1, 2030.

SEC. 3.

 Section 103900 of the Health and Safety Code is amended to read:

103900.
 (a) Every physician and surgeon shall report immediately to the local health officer in writing, the name, date of birth, and address of every patient at least 14 years of age or older whom the physician and surgeon has diagnosed as having a case of a disorder characterized by lapses of consciousness. However, if a physician and surgeon reasonably and in good faith believes that the reporting of a patient will serve the public interest, he or she may report a patient’s condition even if it may not be required under the department’s definition of disorders characterized by lapses of consciousness pursuant to subdivision (d).
(b) The local health officer shall report in writing to the Department of Motor Vehicles the name, age, and address, of every person reported to it as a case of a disorder characterized by lapses of consciousness.
(c) These reports shall be for the information of the Department of Motor Vehicles in enforcing the Vehicle Code, and shall be kept confidential and used solely for the purpose of determining the eligibility of any person to operate a motor vehicle on the highways of this state.
(d) The department, in cooperation with the Department of Motor Vehicles, shall define disorders characterized by lapses of consciousness based upon existing clinical standards for that definition for purposes of this section and shall include Alzheimer’s disease and those related disorders that are severe enough to be likely to impair a person’s ability to operate a motor vehicle in the definition. The department, in cooperation with the Department of Motor Vehicles, shall list those circumstances that shall not require reporting pursuant to subdivision (a) because the patient is unable to ever operate a motor vehicle or is otherwise unlikely to represent a danger that requires reporting. The department shall consult with professional medical organizations whose members have specific expertise in the diagnosis and treatment of those disorders in the development of the definition of what constitutes a disorder characterized by lapses of consciousness as well as definitions of functional severity to guide reporting so that diagnosed cases reported pursuant to this section are only those where there is reason to believe that the patients’ conditions are likely to impair their ability to operate a motor vehicle. The department shall complete the definition on or before January 1, 1992.
(e) The Department of Motor Vehicles shall, in consultation with the professional medical organizations specified in subdivision (d), develop guidelines designed to enhance the monitoring of patients affected with disorders specified in this section in order to assist with the patients’ compliance with restrictions imposed by the Department of Motor Vehicles on the patients’ licenses to operate a motor vehicle. The guidelines shall be completed on or before January 1, 1992.
(f) A physician and surgeon who reports a patient diagnosed as a case of a disorder characterized by lapses of consciousness pursuant to this section shall not be civilly or criminally liable to any patient for making any report required or authorized by this section.
(g) This section shall remain in effect until January 1, 2030, and as of that date is repealed.

SEC. 4.

 Section 12806 of the Vehicle Code is amended to read:

12806.
 The department may refuse to issue to, or renew a driver’s license of, any person:
(a) Who is rendered incapable of safely operating a motor vehicle because of alcoholism, excessive and chronic use of alcoholic beverages, or addiction to, or habitual use of, any drug.
(b) Who is addicted to the use of narcotic drugs unless the person is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code, in which case the person may be issued a probationary license, subject to reasonable terms and conditions, if that drug usage does not affect the person’s ability to exercise reasonable and ordinary control in operating a motor vehicle on the highway.
(c) Who has any physical or mental disability, disease, or disorder that could affect the safe operation of a motor vehicle unless the department has medical information that indicates the person may safely operate a motor vehicle. In making its determination, the department may rely on any relevant information available to the department.

SEC. 5.

 Article 7 (commencing with Section 13030) is added to Chapter 1 of Division 6 of the Vehicle Code, to read:
Article  7. Physician and Surgeon Reporting of Medical Conditions

13030.
 (a) Commencing January 1, 2030, a physician and surgeon may report immediately to the Department of Motor Vehicles, in writing, the name, date of birth, and address of every patient at least 15 years of age or older, or 14 years of age if the patient has a junior permit, whom the physician and surgeon has diagnosed as having any condition severe enough to be likely to impair their ability to operate a motor vehicle if a physician and surgeon reasonably and in good faith believes that reporting the patient will serve the public interest. A physician and surgeon shall report immediately to the department in writing the name, date of birth, and address of every patient at least 15 years of age or older, or 14 years of age if the patient has a junior permit, whom the physician and surgeon has diagnosed as having a case of Alzheimer’s disease or related disorders.
(b) A physician and surgeon who reports a patient pursuant to this article shall contemporaneously complete and transmit to the department the form prepared by the department for this purpose.
(c) The reports transmitted pursuant to this article shall be for use by the department only, and shall be kept confidential and used solely by the department for the purpose of determining the eligibility of any person to operate a motor vehicle on the highways of this state, or for the purpose of a bona fide research project, if the data is solely provided by the department in anonymous form.
(d) The department, in cooperation with the State Department of Public Health, shall consult with professional medical organizations to guide reporting so that diagnosed cases reported pursuant to this section are only those where there is reason to believe that the patients’ conditions are likely to impair their ability to operate a motor vehicle.
(e) A health care provider or health care entity is not subject to civil, criminal, administrative, licensing, disciplinary, employment, credentialing, professional discipline, contractual liability, or medical staff action, sanction, or penalty or other liability for making or not making, or in relation to or arising from making or not making, a report authorized pursuant to this section.
(f) By January 1, 2035, the department shall submit to the Legislature a report evaluating the impact of transitioning to a discretionary reporting system for medical conditions. This report shall include a comparison of the number of reports submitted by physicians and surgeons to the department and the types of conditions reported before and after this transition. The report shall also include an analysis of the crash rates of individuals reported under the discretionary reporting system. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(g) This section shall remain in effect only until January 1, 2037, and as of that date is repealed.

13030.5.
 (a) Every physician and surgeon shall report immediately to the local health officer in writing, the name, date of birth, and address of every patient at least 14 years of age or older whom the physician and surgeon has diagnosed as having a case of a disorder characterized by lapses of consciousness. However, if a physician and surgeon reasonably and in good faith believes that the reporting of a patient will serve the public best interest, they may report a patient’s condition even if it may not be required under the definition of disorders characterized by lapses of consciousness pursuant to subdivision (d).
(b) The local health officer shall report in writing to the Department of Motor Vehicles the name, age, and address, of every person reported to it as a case of a disorder characterized by lapses of consciousness.
(c) These reports shall be for the information of the Department of Motor Vehicles in enforcing the Vehicle Code, and shall be kept confidential and used solely for the purpose of determining the eligibility of any person to operate a motor vehicle on the highways of this state.
(d) As used in this section, “disorders characterized by lapses of consciousness” means those medical conditions that involve all of the following:
(1) A loss of consciousness or a marked reduction of alertness or responsiveness to external stimuli.
(2) The inability to perform one or more activities of daily living.
(3) The impairment of the sensory motor functions used to operate a motor vehicle.
(e) Examples of medical conditions that do not always, but may progress to the level of functional severity described in subdivision (d) include Alzheimer’s disease and related disorders, seizure disorders, brain tumors, narcolepsy, sleep apnea, and abnormal metabolic states, including hypo- and hyperglycemia associated with diabetes.
(f) A physician and surgeon who reports a patient diagnosed as a case of a disorder characterized by lapses of consciousness pursuant to this section shall not be civilly or criminally liable to any patient for making any report required or authorized by this section.
(g) This section shall become operative on January 1, 2037.