Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0297.01 Jery Payne x2157 HOUSE BILL 14-1068 HOUSE SPONSORSHIP Coram, SENATE SPONSORSHIP (None), House Committees Senate Committees Health, Insurance & Environment Finance A BILL FOR AN ACT Concerning a requirement that physicians report to the department of revenue when patients are diagnosed with medical conditions that make driving dangerous. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires a person licensed under the medical practices act to report the diagnosis to the department of revenue (department) within 7 days after learning that a patient is afflicted with a loss, interruption, or lapse of consciousness or motor function. Failure to notify the department is punishable by a fine of up to $300 or by jail for up to 90 days. A licensee who notifies the department in good faith is immune from civil or criminal liability. Upon receiving the notice, the department cancels the driver's license, notifies the person of the cancellation, and advises the person that they may appeal the cancellation. If the person appeals the cancellation, the department uses existing procedures to determine whether the cancellation of or placing restrictions on the license is appropriate. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 12-36-141 as follows: 12-36-141. Loss, interruption, or lapse in consciousness reported to department of revenue - penalty for failure to report - immunity from liability. (1) (a) Every licensee shall report the diagnosis and the person's name to the department of revenue within seven days after: (I) Diagnosing a person to be afflicted with a disorder causing a loss, interruption, or lapse of consciousness or motor function; or (II) Learning that a person under the licensee's care is afflicted with a disorder causing a loss, interruption, or lapse of consciousness or motor function. (b) A licensee who fails to make a report as required by this section commits a class 2 petty offense, as defined by section 18-1.3-503, C.R.S., and, upon conviction, shall be punished by a fine of not more than three hundred dollars, by imprisonment in the county jail for not more than ninety days, or by both fine and imprisonment. (2) A licensee who makes a report under subsection (1) of this section in good faith is immune from any civil liability or criminal liability that might otherwise be incurred or imposed arising from the report and has the same immunity in any judicial proceeding except in matters concerning the individual's qualifications to receive or retain a driver's license. (3) This section does not require a licensee to testify in court in conflict with section 13-90-107 (1) (d), C.R.S. SECTION 2. In Colorado Revised Statutes, 18-4-412, amend (5) as follows: 18-4-412. Theft of medical records or medical information - penalty. (5) This section shall does not apply to: (a) Covered entities, their business associates, or health oversight agencies as each is defined in the federal "Health Insurance Portability and Accountability Act of 1996" as amended by the federal "Health Information Technology for Economic and Clinical Health Act" and the respective implementing regulations; (b) A physician or the physician's employees for disclosure made in compliance with section 12-36-141, C.R.S.; or (c) The department of revenue when receiving a report made in compliance with section 12-36-141, C.R.S. SECTION 3. In Colorado Revised Statutes, 42-2-122, add (2.2) as follows: 42-2-122. Department may cancel license - limited license for physical or mental limitations. (2.2) (a) If the department receives a notice under section 12-36-141, C.R.S., of a diagnosis that might make a person unsafe to drive, and the department was previously unaware of the diagnosis, the department shall: (I) Cancel the person's license; (II) Send the person a notice of the cancellation by registered mail; and (III) Advise the person that the person may appeal the cancellation, including getting an opinion from another physician, within thirty days after the department mailed the cancellation. (b) If the person appeals the cancellation within thirty days, the department shall use the procedures established under section 42-2-112 to determine whether the cancellation is appropriate. The department may: (I) Reaffirm the cancellation of the license; (II) Reinstate the license; or (III) Place one or more restrictions or limitations on the license in accordance with 42-2-116 in lieu of cancelling the license. SECTION 4. Effective date - applicability. This act takes effect on July 1, 2014, and applies to acts or omissions committed on or after said date. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.