PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 5.4 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a), 502(4), (6) and 508(4)
Subject:
Vision testing.
Purpose:
Provides for electronic validation of a vision test by certain providers.
Text of proposed rule:
Subdivision (a) of Section 5.4 of Part 5 is amended to read as follows:
5.4 Procedures. The following procedures shall apply to vision tests:
(a) (1) The vision test may be administered by the Department of Motor Vehicles or another state's Department of Motor Vehicles or by staff of an organization deputized by the Commissioner to conduct such tests, in accordance with training and standards established by the Commissioner, or by a licensed physician, physician assistant, optometrist, ophthalmologist, optician, pharmacist, nurse practitioner, [or] registered nurse, or their supervised staff. However, the Department of Motor Vehicles, [or] another state's Department of Motor Vehicles, an organization deputized by the Commissioner or a pharmacist or a pharmacist's supervised staff shall only test for a minimum visual acuity of 20/40 (Snellen) in either or both eyes. [In order for]
(2) Except as provided in paragraph (3) of this subdivision, a statement from a licensed physician, physician assistant, optometrist, ophthalmologist, optician, nurse practitioner or registered nurse [to be acceptable, it] must be on a letterhead or prescription blank imprinted with the name, address and title of the authorized person making the certification, or on a form furnished by the Commissioner [of Motor Vehicles], and such statement [must contain the patient's full name, signature, address, date of birth, sex,] shall identify the patient, indicate whether test results were obtained with or without corrective lenses, and include the date of test, signature and license number of person authorized to certify the statement and [also affirmation] affirm that the individual has met the minimum visual acuity of 20/40 (Snellen) in either or both eyes. No statement will be acceptable if the date of the examination is more than six months or more than one year, as determined by the health care professional defined herein, prior to the date of submission of the statement to the [commissioner] Commissioner.
(3) Staff of an organization deputized by the Department of Motor Vehicles pursuant to paragraph (1) of this subdivision, or a pharmacist or a pharmacist's supervised staff must report results of vision tests through an electronic registry established by the Department of Motor Vehicles. Any other party authorized to conduct a test pursuant to paragraph (1) of this subdivision may, but is not required to, use such registry for the reporting of results in lieu of filing a paper report as specified in such paragraph.
(4) The Commissioner may immediately withdraw the deputization of an organization authorized to conduct a test pursuant to paragraph (1) of this subdivision upon a finding that there are reasonable grounds to believe that such organization, or staff of such organization, are conducting such tests in a manner inconsistent with the training and standards established by the Commissioner for the administration of such tests.
Text of proposed rule and any required statements and analyses may be obtained from:
Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: heidi.bazicki@dmv.ny.gov
Data, views or arguments may be submitted to:
Ida Traschen, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: heidi.bazicki@dmv.ny.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: Section 215(a) of the Vehicle and Traffic Law (VTL) authorizes the Commissioner to enact and amend regulations. Section 508(4) of the VTL authorizes the Commissioner to promulgate regulations with respect to the administration of Article 19, Licensing of Drivers. Section 502(4) of the Vehicle and Traffic Law provides that an applicant for an original driver's license shall pass a vision test. Section 502(6) of the Vehicle and Traffic Law provides that the Commissioner of Motor Vehicles shall require each person renewing a license to submit to a vision examination.
2. Legislative objectives: Section 502 of the Vehicle and Traffic Law requires vision testing by the Commissioner of Motor Vehicles to ensure that licensed drivers have sufficient vision to drive safely. The amendment would add pharmacists, pharmacy staff supervised by a pharmacist and nurse practitioners, as well as staff of organizations deputized by the Commissioner to the list of vision test providers who may conduct such vision tests, and would provide for the electronic reporting of the test results to the Department of Motor Vehicles ("DMV" or the "Department"). This amendment makes vision tests more accessible and license renewal easier, without compromising the current vision standards, and is therefore consistent with the legislative intent.
3. Needs and benefits: The proposed rule is necessary to promote highway safety and enhance customer service.
Currently, when a person applies for an original or renewal license, he or she must take the vision test in a DMV office or go to an authorized practitioner who certifies, on the Eye Test Report form (MV-619), that the person meets the Commissioner's vision standards. This amendment would make it easier for drivers to comply with the Department's vision test requirements by broadening the field of competent providers who may conduct the vision test. In addition, under this rule, providers could file the eye test results electronically with DMV. By reporting results into this electronic registry, providers will enable the Department to easily verify if a certified provider has conducted the eye test. This will encourage use of the internet for license renewals, and will reduce lines at DMV offices. Further, the electronic filing will be more reliable than the current paper forms, which are readily subject to tampering.
4. Costs to regulated parties: There are no significant increased costs anticipated for this voluntary program, as most providers already have internet access, which is all that is required.
Cost to the State: The Department anticipates that there is no cost to the State. The Department's IT staff, in the normal course of its duties and accommodating for workload requirements, is developing and will maintain the electronic registry. Because the Department's IT staff is currently responsible for developing and maintaining systems for the Department, there is no anticipated additional cost to the Department or to the State for the development of the electronic registry.
5. Local government mandates: None.
6. Paperwork: This proposal reduces paperwork requirements by eliminating the need for providers to submit the Eye Test Report form by mail if they file the results electronically.
7. Duplication: This proposed regulation does not duplicate or conflict with any State or Federal rule.
8. Alternatives: The Department consulted with the New York State Ophthalmological Society, AARP, AAA of New York, the New York State Optometric Association, the Medical Society of New York State, the New York State Society of Opticians, the Pharmacists Society of the State of New York, and the Chain Pharmacy Association of the State of New York. Based upon the input from these organizations, the Department concluded that the proposed rule reflects the best course for vision testing in the State. A no action alternative was not considered.
9. Federal standards: This proposal does not duplicate a federal rule.
10. Compliance schedule: Compliance will be effective upon adoption in the State Register.
Regulatory Flexibility Analysis
A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not attached because this rule will not have a disproportionate impact on small businesses or local governments, nor will it impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis is not attached because this rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas.
Job Impact Statement
A Job Impact Statement is not submitted because this rule will have no adverse impact on job creation or job development in New York State.
