Constitutionality of 75 Pa.C.S. §3755 (Reports by emergency room personnel)
Commonwealth v. Hunte, Order of the Court of Common Pleas, Criminal Division, No. CP-21-CR-3121-2021 (Cumberland Cty. C.C.P. Jan. 20, 2023), direct appeal, appeal docket 16 MAP 2023
In this direct appeal, the Pennsylvania Supreme Court will consider whether the Cumberland County Court of Common Pleas (trial court) properly reached the constitutionality of 75 Pa.C.S. § 3755 in holding that statutory section facially unconstitutional. Section 3755 provides that:
§ 3755. Reports by emergency room personnel.
(a) General rule.–If, as a result of a motor vehicle accident, the person who drove, operated or was in actual physical control of the movement of any involved motor vehicle requires medical treatment in an emergency room of a hospital and if probable cause exists to believe a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) was involved, the emergency room physician or his designee shall promptly take blood samples from those persons and transmit them within 24 hours for testing to the Department of Health or a clinical laboratory licensed and approved by the Department of Health and specifically designated for this purpose. This section shall be applicable to all injured occupants who were capable of motor vehicle operation if the operator or person in actual physical control of the movement of the motor vehicle cannot be determined. Test results shall be released upon request of the person tested, his attorney, his physician or governmental officials or agencies.
(b) Immunity from civil or criminal liability.–No physician, nurse or technician or hospital employing such physician, nurse or technician and no other employer of such physician, nurse or technician shall be civilly or criminally liable for withdrawing blood or obtaining a urine sample and reporting test results to the police pursuant to this section or for performing any other duty imposed by this section. No physician, nurse or technician or hospital employing such physician, nurse or technician may administratively refuse to perform such tests and provide the results to the police officer except as may be reasonably expected from unusual circumstances that pertain at the time of admission.
75 Pa.C.S. §3755.
The Pennsylvania Supreme Court granted oral argument limited to the following question:
Whether the trial court properly reached the question of the constitutionality of 75 Pa.C.S. §3755 and, if so, correctly held it is facially unconstitutional?
For more information, contact Kevin McKeon or Dennis Whitaker.