§ 41-6a-525 — Reporting test results -- Immunity from liability.

Utah § 41-6a-525

• Jurisdiction: Utah
• Title 41: Motor Vehicles
• Ch. 41-6a: Traffic Code
• Part 41-6a-5: Driving Under the Influence and Reckless Driving

Text

(1) As used in this section, "health care provider" means a person licensed under:

(1)(a) Title 58, Chapter 31b, Nurse Practice Act;
(1)(b) Title 58, Chapter 67, Utah Medical Practice Act; or
(1)(c) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(2) A health care provider who is providing medical care to any person involved in a motor vehicle crash may notify, as soon as reasonably possible, the nearest peace officer or law enforcement agency if the health care provider has reason to believe, as a result of any test performed in the course of medical treatment, that the:

(2)(a) person's blood alcohol concentration meets or exceeds the limits under Subsection 41-6a-502(1)(a);
(2)(b) person is younger than 21 years of age and has any measurable blood, breath, or urine alcohol concentration in the person's body; or
(2)(c) person has any measurable controlled substance or metabolite of a controlled substance in the person's body which could be a violation of Subsection 41-6a-502(1)(b) or Section 41-6a-517.
(3) The report under Subsection (2) shall consist of the:

(3)(a) name of the person being treated;
(3)(b) date and time of the administration of the test; and
(3)(c) results disclosed by the test.
(4) A health care provider participating in good faith in making a report or assisting an investigator from a law enforcement agency pursuant to this section is immune from any liability, civil or criminal, that otherwise might result by reason of those actions.
(5) A report under Subsection (2) may not be used to support a finding of probable cause that a person who is not a driver of a vehicle has committed an offense.

Legislative History

Renumbered and Amended by Chapter 2, 2005 General Session