By Steven Soldani

SB 357 (Portantino), as amended May 6, 2024, would, in relevant part, amend and repeal section 103900 of the Health and Safety Code to extend current provisions, modify reporting obligations, and exempt healthcare providers from liability while also calling for an evaluation of the new reporting system’s impact until January 1, 2037.

Current law requires physicians to report all patients with epilepsy to the DMV. SB 357 would give physicians the discretion to report any conditions they believe could impair a patient’s ability to drive by removing language from the statute that discriminates against specific conditions, including epilepsy. However, physicians would still be required to report any patient diagnosed with Alzheimer’s disease or a related disorder.

At its May 22, 2024, meeting, the Medical Board of California (MBC) voted to oppose the final version of SB 357 [agenda item #8J]. MBC staff expressed concerns over the safe harbor provisions, stating that the bill would prevent the Board from taking any action against a physician licensee who acted in an unprofessional manner related to a nonmandatory report to the DMV. The Board believed the current law sufficiently promoted patient and public safety and that the bill would lead to fewer reports and thus erode patient and public safety.

California Medical Association (CMA), California Neurology Society, and American Epilepsy Society support the bill. CMA, in support of the bill, wrote: “An outdated state law from 1957 discriminates against drivers with epilepsy and other conditions by requiring physicians to automatically report these drivers to the DMV. Research has shown that these requirements can result in patients withholding crucial information from their physicians and not seeking the care they need, out of fear of losing their licenses. When a person with epilepsy withholds such critical information from their doctor, they jeopardize their own health, risking an increase in seizure activity or even a loss of seizure control.” (Page 5).

On September 28, 2024, Governor Newsom vetoed SB 357. In his veto message, the Governor stated, “While I understand the intent to provide physicians more discretion in reporting, I am not convinced that transitioning to a discretionary reporting system would be equally effective in protecting patient and public safety. Additionally, the proposed immunity from liability for physicians raises concerns about accountability. Any changes to these reporting requirements must be carefully evaluated to maintain proper safeguards for public safety.”