BILL REQ. #: H-3371.6
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/20/2004. Referred to Committee on Transportation.
AN ACT Relating to driver fitness and certification; amending RCW 70.02.050; adding new sections to chapter 46.20 RCW; adding a new section to chapter 46.04 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 46.20 RCW
under the subchapter heading "Driver's License and Permit Requirements"
to read as follows:
(1) If a health care provider, licensed physician, or other proper
authority designated by the department reasonably believes that a
patient's health condition poses an imminent danger to the health or
safety of the patient or to any other individual, the health care
provider, licensed physician, or other proper authority designated by
the department must report the patient to the department, subject to
RCW 70.02.050, using a form provided by the department, provided that
the patient is thirteen years of age or older. The information on the
form must disclose to the department the relevant health care
information related to the determination. The licensed physician,
health care provider, or other proper authority designated by the
department must report this information to the department as soon as
this determination is made.
(2) Compliance with, or failure to comply with the requirements of
this section does not constitute negligence, nor may compliance or
noncompliance with the requirements of this section be admissible as
evidence of negligence in any civil action.
NEW SECTION. Sec. 2 A new section is added to chapter 46.20 RCW
under the subchapter heading "Driver's License and Permit Requirements"
to read as follows:
(1) The department, in cooperation with the department of health,
shall form a medical advisory board charged with the responsibility of
determining, creating, and issuing a list of specific medical
conditions that would merit a health care provider, licensed physician,
or other proper authority reporting a patient to the department under
section 1 of this act.
(2) The medical advisory board is classified as a class one group
under chapter 43.03 RCW and as such, board members are entitled to
receiving allowances for expenses that will be provided for by the
department.
(3) The medical advisory board must meet at least one time a year
to review the list of medical conditions. The board must be comprised
of licensed physicians, health care providers, and any other proper
authorities designated by the department. The number of board members
is to be determined by the director, in cooperation with the director
of health, and implemented by rule.
(4) The ability of a licensed physician, health care provider, or
other proper authority to report a patient to the department under
section 1(1) of this act is not limited to those conditions identified
by the board.
(5) The department, along with the department of health, shall
report back to the legislature on the status of implementing this
section, and make recommendations as needed, by December 31, 2004, and
annually thereafter through December 31, 2006.
Sec. 3 RCW 70.02.050 and 1998 c 158 s 1 are each amended to read
as follows:
(1) A health care provider may disclose health care information
about a patient without the patient's authorization to the extent a
recipient needs to know the information, if the disclosure is:
(a) To a person who the provider reasonably believes is providing
health care to the patient;
(b) To any other person who requires health care information for
health care education, or to provide planning, quality assurance, peer
review, or administrative, legal, financial, or actuarial services to
the health care provider; or for assisting the health care provider in
the delivery of health care and the health care provider reasonably
believes that the person:
(i) Will not use or disclose the health care information for any
other purpose; and
(ii) Will take appropriate steps to protect the health care
information;
(c) To any other health care provider reasonably believed to have
previously provided health care to the patient, to the extent necessary
to provide health care to the patient, unless the patient has
instructed the health care provider in writing not to make the
disclosure;
(d) To any person if the health care provider reasonably believes
that disclosure will avoid or minimize an imminent danger to the health
or safety of the patient or any other individual, however there is no
obligation under this chapter on the part of the provider to so
disclose except as provided under section 1(1) of this act;
(e) Oral, and made to immediate family members of the patient, or
any other individual with whom the patient is known to have a close
personal relationship, if made in accordance with good medical or other
professional practice, unless the patient has instructed the health
care provider in writing not to make the disclosure;
(f) To a health care provider who is the successor in interest to
the health care provider maintaining the health care information;
(g) For use in a research project that an institutional review
board has determined:
(i) Is of sufficient importance to outweigh the intrusion into the
privacy of the patient that would result from the disclosure;
(ii) Is impracticable without the use or disclosure of the health
care information in individually identifiable form;
(iii) Contains reasonable safeguards to protect the information
from redisclosure;
(iv) Contains reasonable safeguards to protect against identifying,
directly or indirectly, any patient in any report of the research
project; and
(v) Contains procedures to remove or destroy at the earliest
opportunity, consistent with the purposes of the project, information
that would enable the patient to be identified, unless an institutional
review board authorizes retention of identifying information for
purposes of another research project;
(h) To a person who obtains information for purposes of an audit,
if that person agrees in writing to:
(i) Remove or destroy, at the earliest opportunity consistent with
the purpose of the audit, information that would enable the patient to
be identified; and
(ii) Not to disclose the information further, except to accomplish
the audit or report unlawful or improper conduct involving fraud in
payment for health care by a health care provider or patient, or other
unlawful conduct by the health care provider;
(i) To an official of a penal or other custodial institution in
which the patient is detained;
(j) To provide directory information, unless the patient has
instructed the health care provider not to make the disclosure;
(k) In the case of a hospital or health care provider to provide,
in cases reported by fire, police, sheriff, or other public authority,
name, residence, sex, age, occupation, condition, diagnosis, or extent
and location of injuries as determined by a physician, and whether the
patient was conscious when admitted.
(2) A health care provider shall disclose health care information
about a patient without the patient's authorization if the disclosure
is:
(a) To federal, state, or local public health authorities, to the
extent the health care provider is required by law to report health
care information; when needed to determine compliance with state or
federal licensure, certification or registration rules or laws; or when
needed to protect the public health;
(b) To federal, state, or local law enforcement authorities to the
extent the health care provider is required by law;
(c) To county coroners and medical examiners for the investigations
of deaths;
(d) Pursuant to compulsory process in accordance with RCW
70.02.060;
(e) Pursuant to the requirements of section 1 of this act.
(3) All state or local agencies obtaining patient health care
information pursuant to this section shall adopt rules establishing
their record acquisition, retention, and security policies that are
consistent with this chapter.
NEW SECTION. Sec. 4 A new section is added to chapter 46.04 RCW
to read as follows:
"Senior driver" means a licensed driver who is seventy-five years
of age or older.
NEW SECTION. Sec. 5 Upon reaching the age of seventy-five years,
and every two years thereafter, senior drivers must certify with the
department, in accordance with the requirements of section 6 of this
act, their ability to safely operate a motor vehicle.
NEW SECTION. Sec. 6 All senior drivers are subject to the
following provisions and requirements:
(1) The continued validity of a driver's license of a senior driver
is subject to satisfactory certification by a health care provider,
licensed physician, or other proper authority designated by the
department every two years from the time it is issued or renewed by the
department under this chapter.
(2) Senior drivers applying for a driver's license or renewing a
driver's license must submit a certification form provided by the
department and signed by a health care provider, licensed physician, or
other proper authority. The health care provider, licensed physician,
or other proper authority must indicate on the form which of three
possible categories the subject senior driver falls under, as of the
date on which the form is signed. Each category must, at a minimum,
indicate the following:
(a) The senior driver does not have any medical conditions or
impairments that would compromise the ability to safely operate a
vehicle or that would threaten the health or safety of the senior
driver or any other individual; or
(b) The senior driver appears to have a developing specified
medical condition or impairment that could compromise the ability to
safely operate a vehicle or that could threaten the health or safety of
the senior driver or any other individual, and thus would merit further
review by the department to determine the appropriate licensing
approach; or
(c) The senior driver has a specified medical condition or
impairment that compromises the ability to safely operate a vehicle and
that threatens the health and safety of the senior driver and any other
individuals.
(3) The driver's license belonging to a senior driver will remain
in effect so long as the certification forms submitted to the
department indicate that the senior driver has been placed in the
category described under subsection (2)(a) of this section, subject to
RCW 46.20.091 and 46.20.181, unless the senior driver is found to be
otherwise ineligible for licensing.
(4) If the senior driver submits a certification form indicating he
or she has been placed in one of the categories described under
subsection (2)(b) or (c) of this section, the department shall require
the senior driver to appear in person for further review and testing.
NEW SECTION. Sec. 7 The director may adopt rules necessary to
carry out the provisions and intent of this act.
NEW SECTION. Sec. 8 Sections 5 through 7 of this act are each
added to chapter
NEW SECTION. Sec. 9 Sections 1 and 3 through 6 of this act take
effect June 1, 2005.