19.2-187.02 - Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment. - Virginia Statutes

§ 19.2-187.02. Admissibility of written reports or records of blood alcoholtests conducted in the regular course of providing emergency medicaltreatment.

A. Notwithstanding any other provision of law, the written reports or recordsof blood alcohol tests conducted upon persons receiving medical treatment ina hospital or emergency room are admissible in evidence as a business recordsexception to the hearsay rule in prosecutions for any violation of § 18.2-266(driving while intoxicated) or a substantially similar local ordinance, §18.2-36.1 (involuntary manslaughter resulting from driving whileintoxicated), § 18.2-36.2 (involuntary manslaughter resulting from boatingwhile intoxicated), § 18.2-51.4 (maiming resulting from driving whileintoxicated), § 18.2-51.5 (maiming resulting from boating while intoxicated),§ 29.1-738 (boating while intoxicated), or § 46.2-341.24 (driving acommercial vehicle while intoxicated).

B. The provisions of law pertaining to confidentiality of medical records andmedical treatment shall not be applicable to reports or records of bloodalcohol tests sought or admitted as evidence under the provisions of thissection in prosecutions as specified in subsection A. Owners or custodians ofsuch reports or records may disclose them, in accordance with regulationsconcerning patient privacy promulgated by the U.S. Department of Health andHuman Services, without obtaining consent or authorization for suchdisclosure. No person who is involved in taking blood or conducting bloodalcohol tests shall be liable for civil damages for breach of confidentialityor unauthorized release of medical records because of the evidentiary use ofblood alcohol test results under this section, or as a result of thatperson's testimony given pursuant to this section.

(2002, c. 749; 2005, c. 801; 2007, cc. 379, 679.)