West Virginia Senate Bill SB679

West Virginia 2022 Regular Session

• Introduced: 2/18/22
• Refer: 2/18/22

Caption

Requiring health care providers and law-enforcement officers to notify DMV when licensee is incapable of operating motor vehicle

Impact

If enacted, the bill will impact regulations on how the state handles driver competency evaluations linked to mental and physical health issues. It creates clear reporting responsibilities for both health care providers and law enforcement, ensuring that individuals who may pose a danger on the road due to their health conditions are properly evaluated. The amendments will facilitate a structured process for suspending licenses in certain circumstances, including proceedings for hearings regarding a person's ability to drive. Furthermore, confidentiality provisions are included to protect the sensitive information shared during these assessments.

Summary

Senate Bill 679 proposes amendments to the West Virginia Code regarding the responsibilities of health care providers and law enforcement officers in relation to the operation of motor vehicles by individuals deemed incapable of doing so safely. The bill mandates that health care providers notify the Commissioner of the Division of Motor Vehicles when they have reason to believe that a patient can not operate a vehicle safely due to physical or mental conditions. In addition, law enforcement officers are required to submit a report to the Commissioner if they encounter a driver who they suspect may be impaired by such conditions.

Sentiment

Sentiment surrounding SB679 appears to be largely supportive among those advocating for road safety and public health. Proponents argue that timely reporting of potential issues can prevent accidents and enhance overall safety on the roads. However, there may be concerns among health care providers regarding the potential liability they might face, as well as fears that this could lead to excessive bureaucracy. Additionally, some members of the public may worry about the implications for personal privacy and the rights of individuals being assessed under the new regulations.

Contention

Notable points of contention include the balance between public safety and individual rights. Some stakeholders might argue that the mandatory reporting clause could foster distrust between medical professionals and patients, who might feel their confidentiality is compromised. Critics may also express concern over how broadly the definitions of impairment are applied and whether the bill could lead to unnecessary license suspensions, especially for those with manageable or non-threatening conditions. The effectiveness of implementing these changes and their impact on road safety remains a crucial aspect of the ongoing discussion.