HOUSE OF REPRESENTATIVES

H.B. NO.

2251

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO authorizing OVUII blood draws by paramedics.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that in the last ten years, over three-hundred and fifty individuals in Hawaii lost their lives in alcohol-related car accidents.  Preventative measures, such as proactive policing and education, are vital to reducing deaths caused by intoxicated drivers.  But when preventative measures fail, administration of justice is crucial. 

     Police must have access to the most precise evidence possible when investigating an alcohol-related car accident and a potential criminal charge of operating a Vehicle Under the Influence of an Intoxicant ("OVUII").  Currently, the police officer will take the suspect to a hospital or medical facility when a suspect is arrested for driving under the influence of drugs or alcohol.  An officer may have to wait an hour or more before blood is drawn.  Because the body can metabolize alcohol as fast as .02 percent per hour, timely testing is necessary to achieve exact blood alcohol content levels at the time of the accident.  Justice for victims relies on fast and accurate evidence.  The purpose of this Act is to allow emergency medical services personnel to draw blood at the scene of a car accident at the request of a police officer if conditions for drawing blood meet the existing blood draw qualifications under §291E-21.

     SECTION 2.  Section 291E-12, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-12  Persons qualified to take blood specimen.  No person, other than a physician, physician assistant, registered nurse, [or] phlebotomist deemed qualified by the director of a clinical laboratory that is licensed by the State, [or] person licensed in a clinical laboratory occupation under section 321-13, or emergency medical services personnel licensed under section 453-31, may withdraw blood for the purpose of determining the alcohol concentration or drug content therein.  This limitation shall not apply to the taking of a breath or urine specimen."

     SECTION 3.  Section 291E-13, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-13  Additional tests.  The person tested may choose any physician, physician assistant, registered nurse, [or] person licensed in a clinical laboratory occupation under section 321-13, or emergency medical services personnel licensed under section 453-31, to withdraw blood and also may choose any qualified person to administer a test or tests in addition to any administered at the direction of a law enforcement officer.  The result of the test or tests may be used as provided in section 291E-3.  The failure or inability to obtain an additional test by a person shall not preclude the admission of the test or tests administered at the direction of a law enforcement officer.  Upon the request of the person who is tested, full information concerning the test or tests administered shall be made available to that person."

     SECTION 4.  Section 291E-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  If a health care provider who is providing medical care, in a health care facility, or as part of their duties of employment by an emergency ambulance service, to any person involved in a vehicle collision:

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

          (A)  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)  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)  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 or at the site of a medical emergency to investigate the collision.  If no law enforcement officer is present, the health care provider shall notify the county police department in the county where the collision occurred.  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.  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.  This notice shall be deemed to satisfy the intoxication element necessary to establish the probable cause requirement set forth in subsection (c)."

     SECTION 5.  Section 291E-21, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The law enforcement officer shall make the request under subsection (c) to the emergency ambulance service personnel, hospital, or medical facility treating the person from whom the blood or urine is to be recovered.  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.  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] emergency ambulance service, hospital, or medical facility personnel [determines] determine 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)  Recover the sample in compliance with section 321-161; and

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

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2018.

 

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

OVUII; Operating a Vehicle Under the Influence of an Intoxicant; Paramedics; Emergency Medical Services; Blood Specimen

 

Description:

Allows emergency medical services personnel to draw blood at the scene of an automobile accident potentially involving an intoxicated driver, if conditions of existing blood draw statute §291E-21 are met.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.