HB 118 – AS INTRODUCED

2011 SESSION

11-0518

03/09

HOUSE BILL 118

AN ACT relative to reporting a person as medically unfit to drive.

SPONSORS: Rep. Rhodes, Hills 22; Rep. Rokas, Hills 12; Rep. Hinch, Hills 19; Sen. Lambert, Dist 13

COMMITTEE: Judiciary

ANALYSIS

This bill immunizes from civil liability persons who report someone as medically unfit to drive.

This bill was requested by the department of safety.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0518

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to reporting a person as medically unfit to drive.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Drivers’ Licenses; Medically Unfit Person. Amend RSA 263 by inserting after section 6-c the following new section:

263:6-d Reporting Medically Unfit Person; Immunity. Any person including a physician, physical therapist, occupational therapist, chiropractor, psychiatrist, psychologist, or mental health worker who reasonably and in good faith believes a person cannot safely operate a motor vehicle based upon personal observation or professional opinion and who reports such to the department shall be immune from any civil liability that might otherwise result from making the report. All reports made and medical records reviewed and maintained by the department pursuant to this section shall be kept confidential except upon an order of a court of competent jurisdiction or as necessary in an administrative hearing.

2 Effective Date. This act shall take effect January 1, 2012.