68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2243

                           A-Engrossed

                         House Bill 2645
                  Ordered by the House April 20
            Including House Amendments dated April 20

Sponsored by Representatives RASMUSSEN, SCHOON, Senator CEASE;
  Representatives BAUM, BEYER, BRIAN, CARPENTER, CARTER,
  CORCORAN, COURTNEY, EIGHMEY, FAHEY, FEDERICI, GORDLY, GRISHAM,
  JOHNSTON, JOSI, LEHMAN, LEWIS, MANNIX, MINNIS, NAITO, PIERCY,
  REPINE, ROSS, SHIELDS, SOWA, STARR, STROBECK, TARNO, THOMPSON,
  UHERBELAU, WELSH, WOOTEN, WYLIE, Senators MILLER, WALDEN (at
  the request of Governor's Advisory Committee on DUII)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Prescribes procedure   { - allowing - }   { + requiring + }
health care provider to report blood alcohol content of certain
motor vehicle accident victims.   { - Requires investigating
officer or law enforcement agency to obtain blood sample from
person for separate blood alcohol test. - }  Limits liability of
health care provider for notifying authorities.

                        A BILL FOR AN ACT
Relating to reporting of blood alcohol content by health care
  providers.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) If a health care provider who is providing
medical care in a health care facility immediately after a motor
vehicle accident to a person reasonably believed to be the driver
of a motor vehicle involved in the accident, becomes aware, as a
result of any blood test performed in the course of that
treatment, that the person's blood alcohol level meets or exceeds
the percent specified in ORS 813.010, the health care provider
shall notify, as soon as is reasonably possible, an officer
investigating the accident who was present at the health care
facility or, if none, the law enforcement agency that has
jurisdiction over the accident site, if known.
  (2) The notice shall consist of the name of the person being
treated, the blood alcohol level disclosed by the test and the
date and time of the administration of the test.
  (3) Nothing contained in ORS 40.225 to 40.295 affects the
authority to report imposed by this section, and the health care
provider shall not be considered to have breached any duty under
ORS 40.225 to 40.295 owed to the person about whom the report is
made. + }
  SECTION 2.  { + Anyone participating in good faith in the
making of a report pursuant to section 1 of this Act shall have
immunity from any liability, civil or criminal, that might
otherwise be incurred or imposed with respect to the making or
the content of such report. Any such participant shall have the
same immunity with respect to participating in any judicial
proceeding resulting from such report. + }
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