Ā§291E-21Ā  Applicable scope of part;mandatory testing in the event of a collision resulting in injury or death.Ā (a)Ā  Nothing in this part shall be construed to prevent a law enforcementofficer from obtaining a sample of breath, blood, or urine, from the operatorof any vehicle involved in a collision resulting in injury to or the death ofany person, as evidence that the operator was under the influence of anintoxicant.

(b)Ā  If a health care provider who is providingmedical care, in a health care facility, to any person involved in a vehiclecollision:

(1)Ā  Becomes aware, as a result of any blood or urinetest performed in the course of medical treatment, that:

(A)Ā  The alcohol concentration in the person'sblood meets or exceeds the amount specified in section 291E-61(a)(4) or291E-61.5(a)(2)(D); or

(B)Ā  The person's blood or urine contains oneor more drugs that are capable of impairing a person's ability to operate avehicle in a careful and prudent manner; and

(2)Ā  Has a reasonable belief that the person was theoperator of a vehicle involved in the collision,

the health care provider shall notify, as soon asreasonably possible, any law enforcement officer present at the health carefacility to investigate the collision.Ā  If no law enforcement officer ispresent, the health care provider shall notify the county police department inthe county where the collision occurred.Ā  If the health care provider is awareof any blood or urine test result, as provided in paragraph (1), but lacksinformation to form a reasonable belief as to the identity of the operatorinvolved in a vehicle collision, as provided in paragraph (2), then the healthcare provider shall give notice to a law enforcement officer present or to thecounty police department, as applicable, for each person involved in a vehiclecollision whose alcohol concentration in the person's blood meets or exceedsthe amount specified in section 291E-61(a)(4) or 291E-61.5(a)(2)(D) or whoseblood or urine contains one or more drugs.Ā  The notice by the health careprovider shall consist of the name of the person being treated, the bloodalcohol concentration or drug content disclosed by the test, and the date andtime of the administration of the test.Ā  This notice shall be deemed to satisfythe intoxication element necessary to establish the probable cause requirementset forth in subsection (c).

(c)Ā  In the event of a collision resulting ininjury or death and if a law enforcement officer has probable cause to believethat a person involved in the collision has committed a violation of section707-702.5, 707-703, 707-704, 707-705, 707-706, 291E-61, 291E-61.5, or 291E-64,the law enforcement officer shall request that a sample of blood or urine berecovered from the vehicle operator or any other person suspected of committinga violation of section 707-702.5, 707-703, 707-704, 707-705, 707-706, 291E-61,291E-61.5, or 291E-64.Ā  If the person involved in the collision is not injuredor refuses to be treated for any injury, the law enforcement officer may offerthe person a breath test in lieu of a blood or urine test.Ā  If the persondeclines to perform a breath test, the law enforcement officer shall request ablood or urine sample pursuant to subsection (d).Ā  The act of declining toperform a breath test under this section shall not be treated as a refusalunder chapter 291E and shall not relieve the declining person from therequirement of providing a blood or urine sample under this section.

(d)Ā  The law enforcement officer shall make therequest under subsection (c) to the hospital or medical facility treating theperson from whom the blood or urine is to be recovered.Ā  If the person is notinjured or refuses to be treated for any injury, the law enforcement officershall make the request of a blood or urine sample under subsection (c) to aperson authorized under section 291E-12; provided that a law enforcementofficer may transport that person to another police facility or a hospital ormedical facility that is capable of conducting a breath, blood, or urine test.Ā Upon the request of the law enforcement officer that blood or urine berecovered pursuant to this section, and except where the person to perform thewithdrawal of a blood sample or to obtain a urine sample or the responsibleattending personnel at the hospital or medical facility determines in goodfaith that recovering or attempting to recover blood or urine from the personpresents an imminent threat to the health of the medical personnel or others,the person authorized under section 291E-12 shall:

(1)Ā  Recover the sample in compliance with section321-161; and

(2)Ā  Provide the law enforcement officer with theblood or urine sample requested.

(e)Ā  Any person complying with this sectionshall be exempt from liability pursuant to section 663-1.9 as a result ofcompliance.

(f)Ā  As used in this section, unless thecontext otherwise requires:

"Health care facility" includes anyprogram, institution, place, building, or agency, or portion thereof, privateor public, whether organized for profit or not, that is used, operated, ordesigned to provide medical diagnosis, treatment, or rehabilitative orpreventive care to any person.Ā  The term includes health care facilities thatare commonly referred to as hospitals, outpatient clinics, organized ambulatoryhealth care facilities, emergency care facilities and centers, healthmaintenance organizations, and others providing similarly organized servicesregardless of nomenclature.

"Health care provider" means a personwho is licensed, certified, or otherwise authorized or permitted by law toadminister health care in the ordinary course of business or practice of aprofession. [L 2000, c 189, pt of Ā§23; am L 2001, c 157, Ā§12; am L 2003, c 72,Ā§1; am L 2004, c 90, Ā§6]

 

Case Notes

 

Ā  Where there was insufficient evidence to conclude thatdefendant was involved in a "collision", as is necessary for a policeofficer to obtain a blood sample from defendant without defendant's consent,the requirements of subsection (c) were not met; thus, the blood draw was improperand should have been suppressedĀ  114 H. 406, 163 P.3d 1143.