SENATE BILL 1024

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REQUIRING ALCOHOL AND DRUG TESTING AND REPORTING BY HEALTH CARE PROVIDERS FOR PERSONS INVOLVED IN COLLISIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. MANDATORY TESTING IN THE EVENT OF A COLLISION RESULTING IN INJURY OR DEATH.--

          A. A health care provider who is providing medical care in a health care facility to a person involved in a motor vehicle collision shall perform a blood or urine test on the person to determine the content of alcohol or other drug or intoxicating compound in the person's blood or urine.

          B. A health care provider shall report to the state police or to the local law enforcement agency the results of any tests performed pursuant to Subsection A of this section if:

                (1) the alcohol concentration in the person's blood meets or exceeds the amounts specified in Section 66-8-102 NMSA 1978; or

                (2) 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.

           C. The report 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.

          D. A health care provider or a health care facility shall not be liable for civil damages or professional discipline as a result of compliance with this section.

          E. As used in this section:

                (1) "health care facility" means any program, institution, place, building or agency, 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 and 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; and

                (2) "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.

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