Georgia § 45-16-46 - Obtaining blood sample when person unable to consent; analysis of blood specimens; certified report.

§ 45-16-46. Obtaining blood sample when person unable to consent; analysis of blood specimens; certified report.

When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his or her consent to the taking of a sample of blood for analytical purposes, the coroner or peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances or in the case of a dead body and where appropriate for the presence of infectious agents. The blood may be drawn by the medical examiner or at the medical examiner's direction. The medical examiner or his or her designee shall be entitled to a fee set in accordance with Code Section 35-3-151 for performing these services, which fee shall be paid in the same manner as set out in Code Section 45-16-22. The peace officer may also request any licensed physician, nurse, emergency medical technician, medical or laboratory technician, or other qualified person to withdraw blood for purposes of this Code section, in which event such person shall incur no civil or criminal liability. The medical examiner or the peace officer in charge shall submit the blood specimens to the division for analysis; and a report shall be submitted by the division to the submitting officer. (Ga. L. 1961, p. 437, § 2; Ga. L. 1974, p. 561, § 1; Ga. L. 1982, p. 959, §§ 1, 2; Ga. L. 1984, p. 812, § 7; Ga. L. 1989, p. 829, § 2; Ga. L. 1990, p. 1735, § 3; Ga. L. 1997, p. 1421, § 10.) Cross references. - Chemical tests for alcohol or drugs in blood of person charged with driving under influence of alcohol or drugs, § 40-6-392 . Operation of watercraft while under the influence of alcohol or drugs, § 52-7-12 . Editor's notes. - Ga. L. 1997, p. 1421, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Forensic Sciences Act of 1997.'"