An Act Regarding the Taking of a Blood Sample from an Operator of a Motor Vehicle Involved in a Fatal Accident
Sec. 1. 29-A MRSA §2524, sub-§1, as amended by PL 2013, c. 459, §11, is further amended to read:
Sec. 2. 29-A MRSA §2528, as amended by PL 2013, c. 459, §12, is further amended to read:
§ 2528. Liability
A physician , ; physician's assistant , ; registered nurse , ; emergency medical services person, law enforcement officer or other person whose occupational license or training allows that person to draw blood , ; hospital ; or other health care provider in the exercise of due care is not liable for an act done or omitted in collecting or withdrawing specimens of blood at the request of a law enforcement officer pursuant to this chapter.
This bill allows an emergency medical services person or law enforcement officer whose training allows that person to draw blood samples to draw a specimen of blood from the operator of a motor vehicle involved in a fatal traffic accident for the purpose of determining the blood-alcohol level or the presence of a drug or drug metabolite. This bill extends to those same persons the current law shielding persons from liability for acts done or omitted in collecting or withdrawing specimens of blood.