13Duties of medical practitioners and nurses in relation to taking of blood samples, &c.

13 Duties of medical practitioners and nurses in relation to taking of blood samples, &c.

(1)  [Section 13 Subsection (1) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018] [Section 13 Subsection (1) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018] Except as otherwise expressly provided therein, nothing in this Act shall be construed as requiring a qualified person to take a sample of the blood of any person, or carry out a medical examination of any person.

(1A)  [Section 13 Subsection (1A) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018] [Section 13 Subsection (1A) inserted by No. 13 of 2000, s. 4, Applied:28 Apr 2000] For the purposes of this section, a sample of blood may be divided into 3 parts at the time it is taken or given or at any subsequent time.

(2)  Where a medical practitioner has refused to take, or refrained from taking, a sample of the blood of a person for the purposes of this Act, or has refused to make, or refrained from making, a medical examination of a person for those purposes, on the grounds that to do so would, in his opinion, be prejudicial to the proper care or treatment of that person, he shall, if so requested by a police officer –

(a) [Section 13 Subsection (2) amended by No. 18 of 2005, s. 10, Applied:01 Jul 2005] [Section 13 Subsection (2) amended by No. 38 of 2017, s. 25, Applied:03 Dec 2018] express an opinion on the question whether that person has or, if he is in hospital, had, at the time of his admission to the hospital, alcohol or a prescribed illicit drug or other drug in his blood; and

(b) to the best of his ability answer any relevant questions put to him by the police officer in relation to that question.

(3)  [Section 13 Subsection (3) substituted by No. 38 of 2017, s. 25, Applied:03 Dec 2018] If a qualified person takes a sample of a person's blood for analysis for the purposes of this Act, it is the duty of the qualified person to ensure that the following provisions of this section are complied with in respect of the taking of the sample so far as they are applicable.