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2005 SESSION

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HB 2118 Blood alcohol tests in civil cases; admissibility of written results.

Introduced by: Onzlee Ware | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Blood alcohol tests in civil cases; admissibility of written reports or records. Makes the written reports or records of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room admissible in evidence in any civil proceeding as a business records exception to the hearsay rule.  The reports or records may be disclosed in accordance with federal regulations, without consent or authorization.  The protections against civil liability for those taking blood and conducting tests now applicable in criminal proceedings are extended to civil proceedings.

SUMMARY AS PASSED HOUSE:

Blood alcohol tests in civil cases; admissibility of written reports or records. Makes the written reports or records of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room admissible in evidence in any civil proceeding as a business records exception to the hearsay rule.  The protections for confidentiality of medical records and treatment and against civil liability for those taking blood and conducting tests that now apply in criminal proceedings are extended to civil proceedings.

SUMMARY AS INTRODUCED:

Admissibility of written results of blood alcohol tests in civil cases.  Provides that the written results of blood alcohol tests conducted upon persons receiving medical treatment in a hospital emergency room are admissible in evidence under the business records exception to the hearsay rule in any civil proceeding.