ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 1533

with committee amendments

STATE OF NEW JERSEY

DATED: SEPTEMBER 27, 2012

      The Assembly Judiciary Committee reports favorably and with committee amendments Senate Bill No. 1533 (1R).

      Under current law, pursuant to N.J.S.A.39:3-10.4, physicians are required to report epilepsy and related conditions to the Motor Vehicle Commission.  The reporting requirement currently applies to physicians treating persons aged 16 or older for “recurrent convulsive seizures or for recurrent periods of unconsciousness or for impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy when such conditions persist or recur despite medical treatments.”  

      This bill supplements the reporting provisions of current law by requiring “health care providers,” which includes physicians, to report to the Motor Vehicle Commission the name, age, address, and description of the alleged impairment of any person aged 16 or older diagnosed by the health care provider with a health problem which, in the health care provider’s judgment, significantly affects the person’s ability to safely operate a motor vehicle.  The bill defines “health care provider” as “a physician or surgeon” as defined in section 5 of P.L.1939, c.115  (C.45:9-5.1) or a person licensed as: a doctor of podiatric medicine pursuant to the R.S.45:5-1 et seq., a dentist pursuant to R.S.45:6-1 et seq., an optometrist pursuant to R.S.45:12-1 et seq., an advanced practice nurse pursuant to P.L.1991, c.377 (C.45:11-45 et seq.), or a practicing psychologist pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.).

      In addition, the committee amended the bill to update the reference to the Department of Health pursuant to P.L.2012, c.17, which renamed and reorganized the former Department of Health and Senior Services.

      Under the provisions of the bill, the Chief Administrator of the Motor Vehicle Commission, in consultation with the Commissioner of the Department of Health, is required to establish a procedure for the evaluation and screening of reports so that “no person is unwarrantedly denied the privilege of operating a motor vehicle.”  The reports would remain confidential except for the purpose of determining the eligibility of a person to operate a motor vehicle. The Chief Administrator, in consultation with the Commissioner of the Department of Health, would also be responsible for developing the forms on which the reports would be made.

      The committee amendments would also add a new subsection e. to the bill to clarify that the mandatory reporting requirements of N.J.S.A.39:3-10.4 et seq. for epilepsy and related conditions would not be affected by the bill.

      The amendments make this bill identical to Assembly Bill No. 2398 (1R), which is also reported by the committee today.

COMMITTEE AMENDMENTS:

      1. Amend subsection a. in section 1 to make technical amendments to replace the term “Department of Health and Senior Services” with “Department of Health.”

      2.  Amend subsection d. in section 1 to correct an internal statutory reference to R.S.45:95-5.1.

      3.  Amend section 1 to add a new subsection e. providing that nothing in the bill shall be deemed to supersede or limit the mandatory reporting requirement set forth in P.L.1970, c.195 (C.39:3-10.4 et seq.) for recurrent convulsive seizures, recurrent periods of unconsciousness, impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy in any of its forms, when such conditions persist or recur despite medical treatments.