|374||Title:||Road Traffic Ordinance||Gazette Number:||E.R. 2 of 2012|
|Section:||39E||Heading:||Protection for hospital patients||Version Date:||02/08/2012|
(1) A person at a hospital as a patient shall not be required to provide a specimen of breath for a screening breath test or breath analysis, a specimen of oral fluid for a Rapid Oral Fluid Test, or a specimen of blood or urine for a laboratory test unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement. (Amended 24 of 2011 s. 13)
(2) A requirement made after the medical practitioner has been notified under subsection (1) is a requirement for the provision of a specimen at a hospital.
(3) The requirement shall not be made if the medical practitioner objects on the ground specified in subsection (4) and states in writing the diagnosis justifying the objection.
(4) The ground on which the medical practitioner may object under subsection (3) is that the requirement or the provision of a specimen of breath for the screening breath test or breath analysis, a specimen of oral fluid for a Rapid Oral Fluid Test, a specimen of oral fluid for a Rapid Oral Fluid Test or a specimen of blood or urine for the laboratory test would be prejudicial to the proper care and treatment of the patient. (Amended 24 of 2011 s. 13)
(5) To avoid doubt, this section does not apply to the taking of a specimen of blood from a person falling within section 39C(11A) or 39Q(1). (Added 24 of 2011 s. 13)