BILL ANALYSIS �
AB 1567
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Date of Hearing: March 19, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1567 (Jeffries) - As Introduced: January 31, 2012
SUBJECT : Firefighters medical information
SUMMARY : Requires an applicant for a firefighter endorsement to
submit, instead of a physician-signed medical examination
report, self-reporting health information on a form approved by
the Department of Motor Vehicles (DMV) for the authorization to
operate firefighting equipment with a class C driver's license
and to submit the health information every two years thereafter.
EXISTING LAW :
1)Regulates the operation of firefighting equipment and
authorizes the operation of firefighting equipment by a person
with a firefighter endorsement who holds a class C driver's
license.
2)Requires that, to qualify for a firefighter endorsement, an
applicant must, among other things, submit a report of medical
examination within four years preceding the application date.
FISCAL EFFECT : Unknown
COMMENTS : Federal regulations authorize any state the
discretion to exempt firefighters who operate commercial motor
vehicles equipped and used as emergency firefighting equipment
from the requirements of obtaining a commercial driver's
license. These vehicles include fire trucks, hook and ladder
trucks, foam and water transport trucks, or other vehicles used
in response to emergencies.
California exercised this discretion with the enactment of AB
1648 (Jeffries), Chapter 360, Statutes 2010, primarily because
of the impact that anticipated federal commercial driver's
license regulations were expected to have on fire department
operations, especially those in rural communities. AB 1648
established a "firefighter endorsement" and authorized the
operation of firefighting equipment by holders of a
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non-commercial driver's license with a firefighter endorsement.
Prior to AB 1648, state law authorized the operation of
firefighting equipment with a commercial class A or B driver's
license or with a restricted class A or B firefighter driver's
license (also considered a commercial driver's license).
Applicants for a restricted firefighter driver's license were
required to, among other things, submit medical information in
the form of a health questionnaire (self-certifying
medical/health information) or a medical examination report
(medical information signed by a doctor). The health
questionnaire (DL 546) is an extension of the medical questions
included in an application for class C driver's license.
Although the physician's information must be provided, the form
may be signed by the applicant under penalty of perjury in lieu
of a health care professional's signature.
With the creation of the "firefighter endorsement," AB 1648
repealed the restricted firefighter driver's license provisions
leaving firefighters who operate firefighting equipment to
either attain a full commercial driver's license of the
appropriate class, or (upon renewal) to downgrade their driver's
licenses to a non-commercial class with a firefighter
endorsement. Among the requirements to obtain the firefighter
endorsement is the requirement that the applicant submit a
"report of medical examination" on a form approved by DMV.
Specifically, the applicant is required to submit a Physician's
Health Report (DL 546A). Essentially, individuals operating
firefighting equipment using a restricted firefighter driver's
license, upon renewal of his or her license, are no longer
allowed to submit the health questionnaire, but rather a
Physician's Health Report.
Fire departments around the state, particularly those in rural
areas, are concerned that it is becoming both extremely
expensive and strategically difficult to service the needs of
California communities partly due to the past difficulties in
obtaining required driver's licenses for both professional and
volunteer firefighting staffs. These problems were largely
addressed with the enactment of AB 1648. However, that bill
established new standards for the reporting of medical or health
information requiring that a physician provide a medical
examination for each firefighter applicant.
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The author contends that "these medical exams are reported as
being short visits, less than fifteen minutes, mainly consisting
of the physician questioning the patient in order to provide
answers to the form's questionnaire. This causes no difference
to the information obtained by the DMV than a self-reported
form. This provides no additional medical benefit to our
firefighters or their ability to offer public safety. Instead
this practice only adds cost to our already struggling fire
departments."
In response to concerns expressed by entities in the
firefighting community that the increased medical requirements
impose an unnecessary burden, this bill proposes to allow
applicants and holders of a non-commercial driver's license with
the new firefighter endorsement to submit the health
questionnaire as previously allowed with the restricted
firefighter driver's license.
Related bills : AB 82 (Jeffries), Chapter 92, Statutes of 2011,
cleanup legislation for AB 1648, that created an exemption for
firefighters operating fire equipment from the requirement of a
firefighter endorsement if they held the proper commercial
license for the type of vehicle they were operating.
AB 1648, (Jeffries ) Chapter 369, Statutes of 2010, changed the
type of driver's license required to operate firefighting
equipment from a class A or B commercial driver's license or a
restricted firefighting license to a class C license with a
firefighter submission of a report of medical examination on a
DMV-approved form.
REGISTERED SUPPORT / OPPOSITION :
Support
Regional Council of Rural Counties
Trinity County Board of Supervisors
Trinity County Fire Chiefs Association
Opposition
None on file
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
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