                                 CODE OF VIRGINIA

ADMISSIBILITY OF WRITTEN REPORTS OR RECORDS OF BLOOD ALCOHOL TESTS CONDUCTED IN
THE REGULAR COURSE OF PROVIDING EMERGENCY MEDICAL TREATMENT (§ 19.2-187.02)

A. Notwithstanding any other provision of law, the written reports or records of
blood alcohol tests conducted upon persons receiving medical treatment in a
hospital or emergency room are admissible in evidence as a business records
exception to the hearsay rule in prosecutions for any violation of &#xA7;
18.2-266 (driving while intoxicated) or a substantially similar local ordinance,
&#xA7; 18.2-36.1 (involuntary manslaughter resulting from driving while
intoxicated), &#xA7; 18.2-36.2 (involuntary manslaughter resulting from boating
while intoxicated), &#xA7; 18.2-51.4 (maiming resulting from driving while
intoxicated), &#xA7; 18.2-51.5 (maiming resulting from boating while
intoxicated), &#xA7; 29.1-738 (boating while intoxicated), or &#xA7; 46.2-341.24
(driving a commercial vehicle while intoxicated).

B. The provisions of law pertaining to confidentiality of medical records and
medical treatment shall not be applicable to reports or records of blood alcohol
tests sought or admitted as evidence under the provisions of this section in
prosecutions as specified in subsection A. Owners or custodians of such reports
or records may disclose them, in accordance with regulations concerning patient
privacy promulgated by the U.S. Department of Health and Human Services, without
obtaining consent or authorization for such disclosure. No person who is
involved in taking blood or conducting blood alcohol tests shall be liable for
civil damages for breach of confidentiality or unauthorized release of medical
records because of the evidentiary use of blood alcohol test results under this
section, or as a result of that person&#8217;s testimony given pursuant to this
section.

HISTORY: 2002, c. 749; 2005, c. 801; 2007, cc. 379, 679.