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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 23 : Motor Vehicles

Chapter 013 : OPERATION OF VEHICLES

Subchapter 013 : DRUNKEN DRIVING

(Cite as: 23 V.S.A. § 1203b)
  • § 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 crash 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 crash 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 that 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 assessed a civil penalty of 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 that 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 crash 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 crashes 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 crash; and

    (3) conduct an educational and training program within one month of employment for all health care providers who work at the health care facility who may provide health care to an individual as a result of a motor vehicle crash. (Added 1997, No. 117 (Adj. Sess.), § 15; amended 2019, No. 131 (Adj. Sess.), § 190; 2021, No. 76, § 3.)