S.B. 86 Enrolled

REPORTING TESTS OF INDIVIDUALS
INVOLVED IN MOTOR VEHICLE CRASHES
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Scott N. Howell
AN ACT RELATING TO MOTOR VEHICLES; ALLOWING REPORTING OF CERTAIN
TESTS PERFORMED ON PERSONS INVOLVED IN MOTOR VEHICLE CRASHES BY
HEALTH CARE PROVIDERS; AND PROVIDING IMMUNITY FOR LIABILITY.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
41-6-44.12, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-44.12 is enacted to read:
41-6-44.12. Reporting test results -- Immunity from liability.
(1) As used in this section, "health care provider" means a person licensed under Title 58,
Chapter 31b, Nurse Practice Act, Title 58, Chapter 67, Utah Medical Practice Act, or 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:
(a) person's blood alcohol concentration meets or exceeds the limit under Subsection
41-6-44 (2)(a)(i);
(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
(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 41-6-44 (2)(a)(ii) or Section
41-6-44.6 .
(3) The report under Subsection (2) shall consist of the:

(a) name of the person being treated;
(b) date and time of the administration of the test; and
(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.

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