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The Assembly Transportation Committee on Monday approved Senate Bill 357, which would give doctors the discretion to report conditions they believe will impair a patient’s ability to drive. The bill, introduced by Sen. Anthony J. Portantino, D-Burbank, further eliminates language that portrays certain conditions, including epilepsy.
Epilepsy is the fourth-most common neurological disorder, affecting more than 3.4 million Americans and more than 425,000 Californians. Yet here in California, a 1957 state law discriminates against drivers with epilepsy and other conditions by requiring physicians to automatically report these drivers to the Department of Motor Vehicles. Research has shown that these requirements often result in patients withholding crucial information from their physicians and not seeking the care they need. This is due to fear of losing their right to drive. When a person with epilepsy withholds critical information from their doctor, they jeopardize their access to appropriate care, risking an increase of seizure activity or even a loss of seizure control.
SB 357 will:
- Give doctors the discretion to report conditions they believe will impair a patient’s ability to drive, by removing language that discriminates against specific conditions, including epilepsy;
- Allow but not require doctors to make such reports;
- Protect the doctor-patient relationship by providing immunity for physician for either reporting or not reporting patients.
SB 357 will also require the California Department of Motor Vehicles (DMV) to publish a report by 2027 on the differences in patterns of reporting and crash rates under a voluntary reporting system. The bill will add a sunset on the voluntary reporting system for 2029.
