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 enforcement
officer from obtaining a sample of breath, blood, or urine, from the operator
of any vehicle involved in a collision resulting in injury to or the death of
any person, as evidence that the operator was under the influence of an
intoxicant.



(b)Ā  If a health care provider who is providing
medical care, in a health care facility, to any person involved in a vehicle
collision:



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



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



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



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



the health care provider shall notify, as soon as
reasonably possible, any law enforcement officer present at the health care
facility to investigate the collision.Ā  If no law enforcement officer is
present, the health care provider shall notify the county police department in
the county where the collision occurred.Ā  If the health care provider is aware
of any blood or urine test result, as provided in paragraph (1), but lacks
information to form a reasonable belief as to the identity of the operator
involved in a vehicle collision, as provided in paragraph (2), then the health
care provider shall give notice to a law enforcement officer present or to the
county police department, as applicable, for each person involved in a vehicle
collision whose alcohol concentration in the person's blood meets or exceeds
the amount specified in section 291E-61(a)(4) or 291E-61.5(a)(2)(D) or whose
blood or urine contains one or more drugs.Ā  The notice by the health care
provider shall consist of the name of the person being treated, the blood
alcohol concentration or drug content disclosed by the test, and the date and
time of the administration of the test.Ā  This notice shall be deemed to satisfy
the intoxication element necessary to establish the probable cause requirement
set forth in subsection (c).



(c)Ā  In the event of a collision resulting in
injury or death and if a law enforcement officer has probable cause to believe
that a person involved in the collision has committed a violation of section
707-702.5, 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 be
recovered from the vehicle operator or any other person suspected of committing
a 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 injured
or refuses to be treated for any injury, the law enforcement officer may offer
the person a breath test in lieu of a blood or urine test.Ā  If the person
declines to perform a breath test, the law enforcement officer shall request a
blood or urine sample pursuant to subsection (d).Ā  The act of declining to
perform a breath test under this section shall not be treated as a refusal
under chapter 291E and shall not relieve the declining person from the
requirement of providing a blood or urine sample under this section.



(d)Ā  The law enforcement officer shall make the
request under subsection (c) to the hospital or medical facility treating the
person from whom the blood or urine is to be recovered.Ā  If the person is not
injured or refuses to be treated for any injury, the law enforcement officer
shall make the request of a blood or urine sample under subsection (c) to a
person authorized under section 291E-12; provided that a law enforcement
officer may transport that person to another police facility or a hospital or
medical 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 be
recovered pursuant to this section, and except where the person to perform the
withdrawal of a blood sample or to obtain a urine sample or the responsible
attending personnel at the hospital or medical facility determines in good
faith that recovering or attempting to recover blood or urine from the person
presents 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 section
321-161; and



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



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



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



"Health care facility" includes any
program, institution, place, building, or agency, or portion thereof, private
or public, whether organized for profit or not, that is used, operated, or
designed to provide medical diagnosis, treatment, or rehabilitative or
preventive care to any person.Ā  The term includes health care facilities that
are commonly referred to as hospitals, outpatient clinics, organized ambulatory
health care facilities, emergency care facilities and centers, health
maintenance organizations, and others providing similarly organized services
regardless of nomenclature.



"Health care provider" means a person
who is licensed, certified, or otherwise authorized or permitted by law to
administer health care in the ordinary course of business or practice of a
profession. [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 that
defendant was involved in a "collision", as is necessary for a police
officer to obtain a blood sample from defendant without defendant's consent,
the requirements of subsection (c) were not met; thus, the blood draw was improper
and should have been suppressedĀ  114 H. 406, 163 P.3d 1143.