Utah Code 41-6a-525. Reporting test results — Immunity from liability
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(1) As used in this section, “health care provider” means a person licensed under:
Terms Used In Utah Code 41-6a-525
- Law enforcement agency: means the same as that term is as defined in Section
53-1-102 . See Utah Code 41-6a-102 - Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section
41-6a-1120 , or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
(1)(a) Title 58, Chapter 31b, Nurse Practice Act ;
(1)(b) Title 58, Chapter 67, Utah Medical Practice Act ; or
(1)(c) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act .
(2) A health care provider who is providing medical care to any person involved in a motor vehicle crash may notify, as soon as reasonably possible, the nearest peace officer or law enforcement agency if the health care provider has reason to believe, as a result of any test performed in the course of medical treatment, that the:
(2)(a) person’s blood alcohol concentration meets or exceeds the limits under Subsection 41-6a-502(1)(a) ;
(2)(b) person is younger than 21 years of age and has any measurable blood, breath, or urine alcohol concentration in the person’s body; or
(2)(c) person has any measurable controlled substance or metabolite of a controlled substance in the person’s body which could be a violation of Subsection 41-6a-502(1)(b) or Section 41-6a-517 .
(3) The report under Subsection (2) shall consist of the:
(3)(a) name of the person being treated;
(3)(b) date and time of the administration of the test; and
(3)(c) results disclosed by the test.
(4) A health care provider participating in good faith in making a report or assisting an investigator from a law enforcement agency pursuant to this section is immune from any liability, civil or criminal, that otherwise might result by reason of those actions.
(5) A report under Subsection (2) may not be used to support a finding of probable cause that a person who is not a driver of a vehicle has committed an offense.