PRINTER'S NO. 1421
No. 1216 Session of 1983
INTRODUCED BY LESCOVITZ, HOEFFEL, GEIST AND LASHINGER, JUNE 15,
1983
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 15, 1983
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for ineligibility for licensing;
3 and further providing for reports on mental or physical
4 disabilities.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1503(a) and 1518 of Title 75 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 1503. Persons ineligible for licensing.
10 (a) General rule.--The department shall not issue any
11 driver's license to, or renew the driver's license of, any
12 person:
13 (1) Whose operating privilege is suspended or revoked in
14 this or any other state except as otherwise provided in this
15 title.
16 (2) Whose operating privilege is suspended or revoked in
17 any other state upon grounds which would authorize the
18 suspension or revocation of the operating privilege under
1 this title.
2 (3) Who is a user of alcohol or any controlled substance
3 to a degree rendering the user incapable of safely driving a
4 motor vehicle. This paragraph does not apply to any person
5 who is enrolled or otherwise participating in a methadone or
6 other controlled substance treatment program approved by the
7 Governor's Council on Drug and Alcohol Abuse provided that
8 the person is certified to be competent to drive by a
9 physician designated by the Governor's Council on Drug and
10 Alcohol Abuse.
11 (4) Who has been adjudged to be afflicted with or
12 suffering from any mental disability or disease and who has
13 not at the time of application been restored to competency by
14 the methods provided by law.
15 [(5 Whose name has been submitted under the provisions
16 of section 1518 (relating to reports on mental or physical
17 disabilities or disorders).]
18 [(6)] (5) Who is required by the department to take an
19 examination until the person has successfully passed the
20 examination.
21 [(7)] (6) Who is under 18 years of age except in
22 accordance with subsections (b) and (c).
23 [(8)] (7) Who has repeatedly violated any of the
24 provisions of this chapter. The department shall provide an
25 opportunity for a hearing upon invoking this paragraph.
26 * * *
27 § 1518. Reports on mental or physical disabilities or
28 disorders.
29 (a) Definition of disorders and disabilities.--The Medical
30 Advisory Board shall define disorders characterized by lapses of
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1 consciousness or other mental or physical disabilities affecting
2 the ability of a person to drive safely for the purpose of the
3 reports required by this section.
4 (b) [Reports by medical personnel.--All physicians and other
5 persons authorized to diagnose or treat disorders and
6 disabilities defined by the Medical Advisory Board shall report
7 to the department, in writing, the full name, date of birth and
8 address of every person over 15 years of age diagnosed as having
9 any specified disorder or disability within ten days.] Reports
10 of disorders and disabilities.--All physicians and other persons
11 authorized to diagnose or treat disorders and disabilities
12 described in subsection (a) shall inform any patient over 15
13 years of age on whom the diagnosis has been made of the
14 patient's obligation to report the diagnosis to the department
15 within 15 days. This report shall be made on a form prescribed
16 by the department. If a physician has knowledge that a patient
17 with a diagnosed disorder or disability described in subsection
18 (a) has failed to make the required report to the department,
19 the physician may initiate a report to the department with or
20 without the patient's consent.
21 (c) [Responsibility of institution heads.--The person in
22 charge of every mental hospital, institution or clinic, or any
23 alcohol or drug treatment facility, shall be responsible to
24 assure that reports are filed in accordance with subsection
25 (b).] Medical confirmation of reports.--The department upon
26 receipt of a report from a patient may require that the patient
27 obtain from his physician additional information confirming
28 onset of the condition, the physician's diagnosis, any
29 medication which may have been prescribed for the condition and
30 the prognosis. The physician shall forward the information to
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1 the department. The department may prescribe a form for
2 obtaining additional medical information.
3 (d) Confidentiality of reports.--The reports required by
4 this section shall be confidential and shall be used solely for
5 the purpose of determining the qualifications of any person to
6 drive a motor vehicle on the highways of this Commonwealth.
7 (e) Use of report or information as evidence.--No report or
8 information forwarded under the provisions of this section shall
9 be used as evidence in any civil or criminal trial except in any
10 proceeding under section 1519(c) (relating to determination of
11 incompetency).
12 (f) Immunity from civil and criminal liability.--No civil or
13 criminal action may be brought against any person or agency for
14 providing the information required under this system.
15 Section 2. This act shall take effect in 60 days.
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