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§ 3755. Reports by emergency room personnel.
(a) General rule.--If, as a result of a motor vehicle
accident, the person who drove, operated or was in actual
physical control of the movement of any involved motor vehicle
requires medical treatment in an emergency room of a hospital
and if probable cause exists to believe a violation of section
3802 (relating to driving under influence of alcohol or
controlled substance) was involved, the emergency room physician
or his designee shall promptly take blood and saliva 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 this purpose. This section shall be applicable to
all injured occupants who were capable of motor vehicle
operation if the operator or person in actual physical control
of the movement of the motor vehicle cannot be determined. Test
results shall be released upon request of the person tested, his
attorney, his physician or 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 or saliva
sample and reporting test results to the police pursuant to this
section or for performing any other duty imposed by this
section. 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 police
officer except as may be reasonably expected from unusual
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