Establishes an identification card for persons with traumatic brain injuries

Summary of provisions

Section One - amends the public health law by adding subdivision 11 of section 2742 to develop training programs for persons providing discharge plans and case management

Section Two, part a - defines a "person with, traumatic brain injury" as any person who has an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment and shall include but not be limited to damage to the central nervous system from anoxiclhyooxic episodes or damage to the central nervous system. from allergic conditional, toxic substances and other acute medical/clinical incidents.

Section Two, part b - defines a "identification card" as an identification issued by the department which identified the driver as a person with a traumatic train injury, as defined in this section, and which details the appropriate procedures for assisting a person with traumatic brain injury driver during a traffic stop as promulgated y the department pursuant to this section.

Section Two, part c - stipulates any parson residing in the state of New York upon request and accompanied by a doctor's statement indicating that they axe a person with a traumatic brain injury will be issued a identification communication card. An application for this card will be filed with the commissioner.

Section Three- creates an annual service charge of ten dollars the visor communication card. The ten dollar fee will be Placed in the New York State Traumatic Brain Injury Fund, One year after the affective date of this legislation, if the funds available in the New York State Traumatic Brain Injury Fund exceed the amount of five thousand dollars, the money available will go to offset the costs associated with the production of the visor communication cards.

Section Three - amends the state finance law by adding section 97-1111 to create the New York State Traumatic Brain Injury- Fund. The fund will be regulated by both the commissioner of taxation and finance as well as the comptroller.

Section Three - stipulates the New York State Traumatic Brain Injury Fund will consist of all revenues received from the visor communication card. This legislation does not prohibit the Slate of New York from receiving, :he any other fund or source of money,

grants, gifts or bequests for the purpose of the fund. Money from the New York State Traumatic Brain Injury Fund will only be used for programs for persons with traumatic train injuries. Monies will be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the commissioner of motor vehicles.

Section Four - this act shall take effect on the one hundred eightieth day after it shall have become a law, Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this law on its effective date are authorized to be made on or before the effective date.

Justification

Recent statistics from the U.S. Army indicate that as many as one in five American troops are returning from Operation Enduring Freedom and Operation Iraqi Freedom with symptoms of a brain injury. Due to increased use of improvised explosive devices (LEDs), medical experts are citing Traumatic Brain injury, (TEI) as the signature injury of the wars in Iraq and Afghanistan. A soldier may be diagnosed with TBI when exposed to a blast, in a vehicle crash, or if their head is hit or jolted while deployed.

TBI can cause a wide range of changes affecting thinking, sensation, language, or emotions. Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain. Common symptoms of TBI, even in mild cases, are dilation of one or both Pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and/or increased confusion, restlessness, or agitation.

Due to these symptoms, a person diagnosed with TBI, even a mild case, can appear to be intoxicated, or under the influence of a controlled substance. Currently, there is no standard form of identification or instructions to assist law enforcement that comes in contact with a veteran or service member who has been diagnosed with TBI. If any person is stopped by a law enforcement officer and has slurred speech, and/or appears to be slightly disorientated the police officer is more than likely to assume they have been drinking. The FBI identification card. will list the above mentioned symptoms and the best way to proceed with :he traffic stop/inquiry.

The TBI identification card does not exclude a veteran or service member from taking a breathalyzer or cooperating with any police inquiry or investigation. Instead, the card quickly informs the law enforcement office of the veteran or service member's condition and symptoms.

Unfortunate instances where veterans or service members have been arrested or charged-with intoxication can be traumatic and/or extremely costly to the individual. We owe it to our service men and women to educate our communities and provide them with the correct information to safe-guard the veterans and service members to have risked their lives for our freedom.

Legislative history

6/18/12 Print Number S6039A.

Fiscal implications

None.

Effective date

This law will take effect on the one hundred eightieth day after it becomes law.