2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 37 - Miscellaneous Provisions
3755 - Reports by emergency room personnel.

     § 3755.  Reports by emergency room personnel.
        (a)  General rule.--If, as a result of a motor vehicle
     accident, the person who drove, operated or was in actual
     physical control of the movement of any involved motor vehicle
     requires medical treatment in an emergency room of a hospital
     and if probable cause exists to believe a violation of section
     3802 (relating to driving under influence of alcohol or
     controlled substance) was involved, the emergency room physician
     or his designee shall promptly take blood samples from those
     persons and transmit them within 24 hours for testing to the
     Department of Health or a clinical laboratory licensed and
     approved by the Department of Health and specifically designated
     for this purpose. This section shall be applicable to all
     injured occupants who were capable of motor vehicle operation if
     the operator or person in actual physical control of the
     movement of the motor vehicle cannot be determined. Test results
     shall be released upon request of the person tested, his
     attorney, his physician or governmental officials or agencies.
        (b)  Immunity from civil or criminal liability.--No
     physician, nurse or technician or hospital employing such
     physician, nurse or technician and no other employer of such
     physician, nurse or technician shall be civilly or criminally
     liable for withdrawing blood or obtaining a urine sample and
     reporting test results to the police pursuant to this section or
     for performing any other duty imposed by this section. No
     physician, nurse or technician or hospital employing such
     physician, nurse or technician may administratively refuse to
     perform such tests and provide the results to the police officer
     except as may be reasonably expected from unusual circumstances
     that pertain at the time of admission.
     (Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 12, 1984,
     P.L.53, No.12, eff. 60 days; Sept. 30, 2003, P.L.120, No.24,
     eff. Feb. 1, 2004)

        2003 Amendment.  Act 24 amended subsec. (a).
        1984 Amendment.  Act 12 amended subsec. (b).
        1982 Amendment.  Act 289 added section 3755.