41-6a-525. Reporting test results -- Immunity from liability.
(1) As used in this section, "health care provider" means a person licensed under:
(a) Title 58, Chapter 31b, Nurse Practice Act;
(b) Title 58, Chapter 67, Utah Medical Practice Act; or
(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:
(a) person's blood alcohol concentration meets or exceeds the limits under Subsection
41-6a-502(1)(a);
(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 41-6a-502(1)(b) or
Section 41-6a-517.
(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.
Renumbered and Amended by Chapter 2, 2005 General Session
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Last revised: Thursday, May 01, 2008