00                            HOUSE BILL NO. 149                                                                          
01 "An Act relating to drivers' licenses and to immunity for persons who report persons                                    
02 who have a medical or other condition that may impair the ability to operate a motor                                    
03 vehicle."                                                                                                               
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 08.64.326 is amended by adding a new subsection to read:                                           
06            (c)  A licensee making a good faith report to the Department of Administration                               
07       under AS 28.15.156 is not subject to discipline under this chapter for that report.                               
08    * Sec. 2. AS 28.15 is amended by adding a new section to read:                                                     
09            Sec. 28.15.156. Duty to disclose certain medical conditions; reports to                                    
10       department by physicians and other persons regarding persons with certain                                       
11       medical conditions. (a) A person licensed or applying for a license under this chapter                          
12       shall disclose if the person has been diagnosed as having a disorder characterized by                             
13       lapses of consciousness or any other condition that may impair a person's ability to                              
14       operate a motor vehicle.                                                                                          

01            (b)  A physician may report to the department that a person who is licensed                                  
02       under this chapter, who is an applicant for a license under this chapter, or who may, in                          
03       the future, seek a license under this chapter has been diagnosed as having a disorder                             
04       characterized by lapses of consciousness or any other condition that may impair a                                 
05       person's ability to operate a motor vehicle.                                                                      
06            (c)  A person may report to the department that a person who is licensed under                               
07       this chapter, who is an applicant for a license under this chapter, or who may, in the                            
08       future, seek a license under this chapter has a medical or other condition that may                               
09       impair a person's ability to operate a motor vehicle.                                                             
10            (d)  Reports received under this section are confidential and exempt from                                    
11       disclosure under AS 40.25.                                                                                        
12            (e)  A person who makes a report in good faith under this section is not liable                              
13       for civil damages for making that report.                                                                         
14            (f)  A person who recklessly fails to make a disclosure required under (a) of                                
15       this section is guilty of a class A misdemeanor and may be punished as provided in                                
16       AS 12.55. In this paragraph, "recklessly" has the meaning given in AS 11.81.900.