S.B. 86

1

REPORTING TESTS OF INDIVIDUALS
2 INVOLVED IN MOTOR VEHICLE CRASHES
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Scott N. Howell
6 AN ACT RELATING TO MOTOR VEHICLES; S [ REQUIRING ] ALLOWING s REPORTING OF
7 CERTAIN TESTS PERFORMED ON PERSONS INVOLVED IN MOTOR VEHICLE CRASHES
8 BY HEALTH CARE PROVIDERS S AND s ; PROVIDING IMMUNITY FOR LIABILITY S [ ; AND ] . s
9 S [ PROVIDING CRIMINAL PENALTIES. ] s
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 41-6-44.12, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 41-6-44.12 is enacted to read:
15 41-6-44.12. Reporting requirements -- Immunity from liability -- Failure to report
16 -- Criminal penalty.
17 (1) As used in this section, "health care provider" means a person licensed under Title 58,
18 Chapter 67, Utah Medical Practice Act, S TITLE 58, CHAPTER 68, UTAH OSTEOPATHIC MEDICAL
18a PRACTICE ACT, s or Title 58, Chapter 31b, Nurse Practice Act.
19 (2) A health care provider who is providing medical care to any person involved in a motor
20 vehicle crash S [ shall ] MAY s notify, as soon as reasonably possible, the nearest peace officer or
21 law enforcement agency if the health care provider has reason to believe, as a result of any test
22 performed in the course of medical treatment, that the:
23 (a) person's blood alcohol concentration meets or exceeds the limit under Subsection
24 41-6-44 (2)(a)(i);
25 (b) person is younger than 21 years of age and has any measurable blood, breath, or urine
26 alcohol concentration in the person's body; or.
27 (c) person has any measurable controlled substance or metabolite of a controlled substance

28 in the person's body which could be a violation of Subsection 41-6-44 (2)(a)(ii) or Section
29 41-6-44.6 .
30 (3) The report under Subsection (2) shall consist of the:
31 (a) name of the person being treated;
32 (b) date and time of the administration of the test; and
33 (c) results disclosed by the test.
34 (4) A health care provider participating in good faith in making a report or assisting an
35 investigator from a law enforcement agency pursuant to this section is immune from any liability,
36 civil or criminal, that otherwise might result by reason of those actions.
36a h (5) A REPORT UNDER SUBSECTION (2) MAY NOT BE USED TO SUPPORT A FINDING OF
36b PROBABLE CAUSE THAT A PERSON WHO IS NOT A DRIVER OF A VEHICLE HAS COMMITTED AN
36c OFFENSE. h
37 S [ (5) A health care provider required to report a person under this section who willfully fails
38 to do so is guilty of a class B misdemeanor. Action for failure to report must be commenced
39 within four years from the date of knowledge of the offense and the willful failure to report. ] s




Legislative Review Note
as of 1-5-99 11:35 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel