Sec. 1. 29-A MRSA §2524, sub-§1-A is enacted to read:

1-A.__Hospital personnel to perform blood test.__If the operator of a motor vehicle suspected of OUI is transported to a hospital for a blood test, a person employed by that hospital who is qualified to administer the test, as specified in subsection 1, shall draw a specimen of blood for the purpose of determining the blood-alcohol level or drug concentration.

Sec. 2. Field test reimbursement rate. The Commissioner of Public Safety shall adopt rules regarding the rate of reimbursement for a person administering a blood test at the scene of a stop or accident to an operator of a motor vehicle suspected of operating under the influence, as defined in the Maine Revised Statutes, Title 29-A, section 2401, subsection 8. The rate of reimbursement must be $25 for each test administered during regular business hours and $40 for each test administered at any other time. A person who is otherwise being compensated to administer the test, such as an employee of the State Police, is not entitled to reimbursement. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill requires qualified hospital personnel to perform a blood test on a person suspected of operating under the influence of alcohol or other intoxicants when that person is transported to a hospital by the police.

This bill also requires the Commissioner of Public Safety to adopt routine technical rules establishing a rate of reimbursement for a person administering a blood test at the scene of an OUI stop or accident.