8.01-413.02 - Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment.

VIRGINIA STATUTES AND CODES

8.01-413.02 - Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment.

§ 8.01-413.02. 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 any civil proceeding.

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. Owners or custodians of such reports or records may disclose them,in accordance with regulations concerning patient privacy promulgated by theU.S. Department of Health and Human Services, without obtaining consent orauthorization for such disclosure. No person who is involved in taking bloodor conducting blood alcohol tests shall be liable for civil damages forbreach of confidentiality or unauthorized release of medical records becauseof the evidentiary use of blood alcohol test results under this section, oras a result of that person's testimony given pursuant to this section.

(2005, c. 801.)