                                 CODE OF VIRGINIA

ADMISSIBILITY OF WRITTEN REPORTS OR RECORDS OF BLOOD ALCOHOL TESTS CONDUCTED IN
THE REGULAR COURSE OF PROVIDING EMERGENCY MEDICAL TREATMENT (§ 8.01-413.02)

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 any civil proceeding.

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.
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: 2005, c. 801.