§ 1203b. Duty to report blood test results

(a) Notwithstanding any law or court rule to the contrary, if a health care provider who is providing health services to a person in the emergency room of a health care facility as a result of a motor vehicle accident becomes aware as a result of any blood test performed in the health care facility that the person's blood alcohol level meets or exceeds the level prohibited by law, the health care provider shall report that fact, as soon as is reasonably possible, to a law enforcement agency having jurisdiction over the location where the accident occurred.

(b) Any person who in good faith reports the results of a blood test pursuant to the provisions of subsection (a) of this section shall be immune from any civil or criminal liability which might otherwise be incurred or imposed as a result of making a report.

(c) Any person who violates subsection (a) of this section shall be fined not more than $500.00.

(d) A report made under this section, the fact that a report was made, and the results of the blood test which required the report shall not be admissible in any criminal case without the consent of the person whose blood was tested.

(e) A report made under the provisions of this section shall not be considered a waiver of the patient's privilege.

(f) As used in this section:

(1) "Health care facility" shall be defined as provided in 18 V.S.A. § 9432(8).

(2) "Health care provider" shall be defined as provided in 18 V.S.A. § 9432(9).

(3) "Health services" shall be defined as provided in 18 V.S.A. § 9432(10).

(g) Health care facilities have a responsibility to ensure that all health care providers who work in the health care facility and may provide health care to a person injured as a result of a motor vehicle accident are aware of their responsibilities under this section. Every health care facility that provides health care to persons injured as a result of motor vehicle accidents shall:

(1) adopt a policy that implements this section;

(2) provide a copy of the policy to all health care providers who work in the health care facility who may provide health care to a person as a result of a motor vehicle accident; and

(3) conduct an educational and training program within one month of the effective date of this section for all such health care providers currently working at the facility and, for all such health care providers hired thereafter, within one month of their employment. (Added 1997, No. 117 (Adj. Sess.), § 15.)