Pennsylvania § 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.