2012 Pennsylvania Consolidated Statutes
Title 30 - FISH
Chapter 51 - Preliminary Provisions
Section 5126 - Reports by emergency room personnel

     § 5126.  Reports by emergency room personnel.
        (a)  General rule.--If, as a result of a watercraft accident,
     the person who operated or was in actual physical control of any
     watercraft involved in the accident requires medical treatment
     in an emergency room of a hospital and if probable cause exists
     to believe that a violation of section 5502 (relating to
     operating watercraft 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 such
     purpose. This section shall be applicable to all injured
     occupants who were capable of watercraft operation if the
     operator or person in actual physical control of the movement of
     the watercraft cannot be determined. Test results shall be
     released upon request of the person tested, his attorney, his
     physician, the commission, the investigating officer or other
     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 commission pursuant to this
     section or for performing any other duty imposed by this title.
     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 commission
     except when such refusal is based on unusual medical
     circumstances that pertain at the time of admission.
     (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990)

        1989 Amendment.  Act 102 added section 5126.