CHARLESTON, WV (LOOTPRESS) – The House Judiciary Committee has advanced “McKayla, Miranda, and Philip’s Law.”
The bill, officially labeled as House Bill 4315, seeks to amend the Code of West Virginia by introducing a new section, §17B-3-14.
The bill has been named in honor and memory of three local individuals who lost their lives in vehicle accidents: McKayla Kirk, Miranda Browning, and Philip Dickerson.
The bill was introduced by Delegate Elliott Pritt (R-Fayette).
The primary objective of this legislation is to address concerns related to individuals with mental or physical disabilities that could impact their ability to drive safely.
If passed, healthcare providers, including physicians, podiatrists, chiropractors, physician assistants, and certified registered nurse practitioners, will be required to report individuals over 15 years of age diagnosed with specified disorders or disabilities affecting their driving capabilities.
The Division of Motor Vehicles will play an important role in evaluating the competency of individuals to retain their driver’s license based on these reports.
The bill places importance on confidentiality, stating that the reports must be kept confidential and used solely for the purpose of assessing qualifications to drive in the state.
Key provisions of the bill include defining the disorders and disabilities to be considered, specifying the reporting requirements for healthcare personnel, and outlining the responsibility of institution heads to ensure the timely filing of reports.
Importantly, the legislation emphasizes that the reports shall not be admissible as evidence in civil or criminal trials, except in proceedings related to a determination of incompetency.
The bill grants immunity from civil and criminal liability to those providing information under this system.
This safeguard is intended to encourage reporting without the fear of legal repercussions.
If passed, the proposed law is slated to become effective on July 1, 2024.
The bill was advanced through the House Judiciary Committee on Monday evening on a voice vote.
It now goes to the full House for consideration.
