CODING: Words stricken are deletions; words underlined are additions.House Bill 1137
Florida House of Representatives - 1997 HB 1137
By Representative Betancourt
1 A bill to be entitled
2 An act relating to tests for alcohol, chemical
3 substances or controlled substances; amending
4 ss. 316.1932, 316.1933, F.S.; amending the
5 implied consent law and laws prescribing
6 testing for impairment or intoxication in cases
7 of death or serious bodily injury; authorizing
8 certain health care providers who become aware
9 of a person's unlawful blood-alcohol level to
10 notify law enforcement officials; prescribing a
11 form for the notice; providing that such
12 reporting is not a violation of any ethical or
13 moral duty; prohibiting any action or
14 administrative proceeding being brought against
15 anyone participating in good faith in making
16 such report; providing immunity from civil or
17 criminal liability and from any professional
18 disciplinary action; providing immunity in any
19 judicial proceeding resulting from the report;
20 providing that information relating to the
21 alcohol content of the blood or breath or the
22 presence of chemical substances or controlled
23 substances in the blood obtained under these
24 sections must be released to a court,
25 prosecuting attorney, defense attorney, or law
26 enforcement officer in connection with a
27 violation of s. 322.2616, F.S., relating to
28 suspension of a driver's license; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Paragraph (f) of subsection (1) and
2 subsection (3) of section 316.1932, Florida Statutes, 1996
3 Supplement, are amended to read:
4 316.1932 Breath, blood, and urine tests for alcohol,
5 chemical substances, or controlled substances; implied
6 consent; right to refuse.--
7 (1)
8 (f)1. The tests determining the weight of alcohol in
9 the defendant's blood or breath shall be administered at the
10 request of a law enforcement officer substantially in
11 accordance with rules of the Department of Law Enforcement.
12 Such rules must specify precisely the test or tests that are
13 approved by the Department of Law Enforcement for reliability
14 of result and ease of administration, and must provide an
15 approved method of administration which must be followed in
16 all such tests given under this section. However, the failure
17 of a law enforcement officer to request the withdrawal of
18 blood does not affect the admissibility of a test of blood
19 withdrawn for medical purposes.
20 2.a. Only a physician, certified paramedic, registered
21 nurse, licensed practical nurse, other personnel authorized by
22 a hospital to draw blood, or duly licensed clinical laboratory
23 director, supervisor, technologist, or technician, acting at
24 the request of a law enforcement officer, may withdraw blood
25 for the purpose of determining its alcoholic content or the
26 presence of chemical substances or controlled substances
27 therein. However, the failure of a law enforcement officer to
28 request the withdrawal of blood does not affect the
29 admissibility of a test of blood withdrawn for medical
30 purposes.
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Florida House of Representatives - 1997 HB 1137
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1 b. If a health care provider who is providing medical
2 care in a health care facility to a person injured in a motor
3 vehicle crash becomes aware, as a result of any blood test
4 performed in the course of that treatment that the person's
5 blood-alcohol level meets or exceeds the blood-alcohol level
6 specified in s. 316.193(1)(b), the health care provider may
7 notify, as soon as is reasonably possible, any law enforcement
8 officer or agency.
9 c. The notice must consist of the name of the person
10 being treated, the name of the person who drew the blood, the
11 blood-alcohol level disclosed by the test, and the date and
12 time of the administration of the test.
13 d. Nothing contained in s. 395.3025(4) affects the
14 authority to report imposed by that section, and the health
15 care provider is not considered to have breached any duty
16 under s. 395.3025(4) owed to the person about whom the report
17 is made. Reporting or failing to report is not a violation of
18 any ethical or moral duty.
19 e. An action or administrative proceeding may not be
20 brought against anyone participating in good faith in the
21 making of a report under this section. Any person
22 participating in making the report has immunity from any
23 liability, civil or criminal, and from any professional
24 disciplinary action that might otherwise be incurred or
25 imposed with respect to making the report. Any such
26 participant has the same immunity with respect to
27 participating in any judicial proceedings resulting from the
28 report.
29 3. The person tested may, at his or her own expense,
30 have a physician, registered nurse, other personnel authorized
31 by a hospital to draw blood, or duly licensed clinical
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1 laboratory director, supervisor, technologist, or technician,
2 or other person of his or her own choosing administer an
3 independent test in addition to the test administered at the
4 direction of the law enforcement officer for the purpose of
5 determining the amount of alcohol in the person's blood or
6 breath or the presence of chemical substances or controlled
7 substances at the time alleged, as shown by chemical analysis
8 of his or her blood or urine, or by chemical or physical test
9 of his or her breath. The failure or inability to obtain an
10 independent test by a person does not preclude the
11 admissibility in evidence of the test taken at the direction
12 of the law enforcement officer. The law enforcement officer
13 shall not interfere with the person's opportunity to obtain
14 the independent test and shall provide the person with timely
15 telephone access to secure the test, but the burden is on the
16 person to arrange and secure the test at the person's own
17 expense.
18 4. Upon the request of the person tested, full
19 information concerning the test taken at the direction of the
20 law enforcement officer shall be made available to the person
21 or his or her attorney.
22 5. A hospital, clinical laboratory, medical clinic, or
23 similar medical institution or physician, certified paramedic,
24 registered nurse, licensed practical nurse, other personnel
25 authorized by a hospital to draw blood, or duly licensed
26 clinical laboratory director, supervisor, technologist, or
27 technician, or other person assisting a law enforcement
28 officer does not incur any civil or criminal liability as a
29 result of the withdrawal or analysis of a blood or urine
30 specimen, or the chemical or physical test of a person's
31 breath pursuant to accepted medical standards when requested
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1 by a law enforcement officer, regardless of whether or not the
2 subject resisted administration of the test.
3 (3) Notwithstanding any provision of law pertaining to
4 the confidentiality of hospital records or other medical
5 records, information relating to the alcoholic content of the
6 blood or breath or the presence of chemical substances or
7 controlled substances in the blood obtained pursuant to this
8 section shall be released to a court, prosecuting attorney,
9 defense attorney, or law enforcement officer in connection
10 with an alleged violation of s. 316.193 or s. 322.2616 upon
11 request for such information.
12 Section 2. Paragraph (a) of subsection (2) and
13 subsection (4) of section 316.1933, Florida Statutes, 1996
14 Supplement, are amended to read:
15 316.1933 Blood test for impairment or intoxication in
16 cases of death or serious bodily injury; right to use
17 reasonable force.--
18 (2)(a) Only a physician, certified paramedic,
19 registered nurse, licensed practical nurse, other personnel
20 authorized by a hospital to draw blood, or duly licensed
21 clinical laboratory director, supervisor, technologist, or
22 technician, acting at the request of a law enforcement
23 officer, may withdraw blood for the purpose of determining the
24 alcoholic content thereof or the presence of chemical
25 substances or controlled substances therein. However, the
26 failure of a law enforcement officer to request the withdrawal
27 of blood shall not affect the admissibility of a test of blood
28 withdrawn for medical purposes.
29 1. If a health care provider who is providing medical
30 care in a health care facility to a person injured in a motor
31 vehicle crash becomes aware, as a result of any blood test
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1 performed in the course of that treatment, that the person's
2 blood-alcohol level meets or exceeds the blood-alcohol level
3 specified in s. 316.193(1)(b), the health care provider may
4 notify, as soon as is reasonably possible, any law enforcement
5 officer or agency.
6 2. The notice must consist of the name of the person
7 being treated, the name of the person who drew the blood, the
8 blood-alcohol level disclosed by the test, and the date and
9 time of the administration of the test.
10 3. Nothing contained in s. 395.3025(4) affects the
11 authority to report imposed by that section, and the health
12 care provider shall not be considered to have breached any
13 duty under s. 395.3025(4) owed to the person about whom the
14 report is made. Reporting or failing to report is not a
15 violation of any ethical or moral duty.
16 4. An action or administrative proceeding may not be
17 brought against anyone participating in good faith in the
18 making of a report under this section, and any person
19 participating in making the report shall have immunity from
20 any liability, civil or criminal, and from any professional
21 disciplinary action that might otherwise be incurred or
22 imposed with respect to making the report. Any such
23 participant shall have the same immunity with respect to
24 participating in any judicial proceedings resulting from the
25 report.
26 (4) Notwithstanding any provision of law pertaining to
27 the confidentiality of hospital records or other medical
28 records, information relating to the alcoholic content of the
29 blood or the presence of chemical substances or controlled
30 substances in the blood obtained pursuant to this section
31 shall be released to a court, prosecuting attorney, defense
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1 attorney, or law enforcement officer in connection with an
2 alleged violation of s. 316.193 or s. 322.2616 upon request
3 for such information.
4 Section 3. This act shall take effect July 1, 1997.
5
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7 SENATE SUMMARY
8 Amends the implied consent law and laws prescribing
testing for impairment or intoxication in cases of death
9 or serious bodily injury. Authorizes certain health care
providers who become aware of a person's unlawful
10 blood-alcohol level to notify law enforcement officials.
Prescribes a form for the notice. Provides that such
11 reporting is not a violation of any ethical or moral
duty. Prohibits any action or administrative proceeding
12 being brought against anyone participating in good faith
in making such report. Provides immunity from civil or
13 criminal liability and from any professional disciplinary
action. Provides immunity in any judicial proceeding
14 resulting from the report. Provides that information
relating to the alcohol content of the blood or breath,
15 or the presence of chemical substances or controlled
substances in the blood, obtained under s. 316.1932 or s.
16 316.1933, F.S., must be released to a court, prosecuting
attorney, defense attorney, or law enforcement officer in
17 connection with a violation of s. 322.2616, F.S.,
relating to suspension of a driver's license.
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