Delaware finally amended its DMV reporting laws to no longer require mandatory reporting of patients with seizures, loss of consciousness or other medical conditions.

Physicians should continue to use their medical judgment when dealing with patients with potentially impaired driving capabilities and may continue to send reports to DMV on a case by case basis.

House Bill 314, which updates the outdated mandatory reporting requirements for loss of consciousness due to a central nervous system condition, was supported by MSD and had passed both chambers. On Friday, August 2nd, Governor Carney signed the legislation into law.

MSD President, Robert Varipapa, MD, testified that the mandatory reporting system did not function effectively, especially in the emergency room setting where individuals are often inappropriately reported to the Division of Motor Vehicles (DMV) resulting in overworked DMV personnel and a substantial backlog in the physician’s office. 

It was also noted that the mandatory reporting requirement placed physicians in the awkward role of being a law enforcement officer, leading some patients being hesitant to truthfully disclose seizures or other episodes of loss of consciousness to their physician due to fear of losing their license. 

MSD testimony stated that physicians and other medical professionals should still report cases to the DMV based on medical evidence, not only limited to repeated loss of consciousness, but also other conditions such as dementia and stroke. 

This Act does all of the following: 

(1) Allows for all licensed practitioners (physician, nurse practitioner, or physician assistant) who are treating a driver for a medical condition to report findings and sign Division paperwork, which mirrors verbiage found in Title 24; 

(2) Updates the name of Medical Council to Board of Medical Licensure and Discipline which ensures compliance with code in handling of individual cases; and 

(3) Changes the Secretary of Health and Social Services to Secretary of Transportation for determining the status of driver’s license for individuals with a potential medical condition which allows for quicker response and ensures the confidentiality of a driver. Lastly it removes a section from the Medical Licensure Act consistent with the other provisions of the bill.