§ 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.
(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 12, 1984, P.L.53, No.12, eff.
60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)
2025 Unconstitutionality. Section 3755 was declared unconstitutional on June 17, 2025, by the Supreme Court
of Pennsylvania in Commonwealth v. Hunte, 337 A.3d 483 (Pa. 2025).
2003 Amendment. Act 24 amended subsec. (a).
1984 Amendment. Act 12 amended subsec. (b).
1982 Amendment. Act 289 added section 3755.
Notes of Decisions
Cited in
44
cases (
9 in the last 5 years), 1986–2025 · leading case:
Commonwealth v. Shaw, 770 A.2d 295 (Pa. 2001).
Commonwealth v. Shaw, 770 A.2d 295 (Pa. 2001).
· cites it 12× “This appeal presents the issue of whether under Article 1, Section 8 of the Pennsylvania Constitution, a police officer may obtain the results of a blood alcohol test, pursuant to 75 Pa.C.S. § 3755 (reports by emergency room personnel), without a search warrant and without…”
Commonwealth v. Haines, 168 A.3d 231 (Pa. Super. Ct. 2017).
· cites it 6× “The trial court erred in granting [Haines’] motion to suppress his blood alcohol results, as [Haines’] blood draw is admissible pursuant to 75 Pa.C.S. § 3755. a. The trial court erred in determining that 75 Pa.”
Commonwealth v. Riedel, 651 A.2d 135 (Pa. 1994).
· cites it 10× “Trooper Travis did not request that blood be drawn for chemical testing pursuant to 75 Pa.C.S. § 3755(a). Subsequently, Trooper Travis wrote to the hospital requesting the results of appellant's blood test, which indicated a blood alcohol level of 0.”
Commonwealth, Aplt. v. Myers, D., 164 A.3d 1162 (Pa. 2017).
“See 75 Pa.C.S. § 3755(a). The passage from Riedel upon which the Commonwealth relies was merely a rejection of the motorist’s argument that the Subsection 1547(b)(1) right of refusal should apply to a police officer’s request for blood test results under Section 3755.”
Commonwealth v. Myers, 118 A.3d 1122 (Pa. Super. Ct. 2015).
· cites it 2× “75 Pa.C.S. § 3755. 9 . Commonwealth’s Brief at 14.”
Com., Dot, Bur. of Dr. Lic. v. Mcglynn, 611 A.2d 770 (Pa. Commw. Ct. 1992).
· cites it 4× “Immediately thereafter, blood was drawn from McGlynn by the emergency room personnel for medical reasons and in accordance with Section 3755(a) of the Vehicle Code, 75 Pa.C.S. § 3755(a). [3] DOT argues that the trial court erred in its finding that McGlynn was not under arrest…”
Commonwealth v. Markun, 185 A.3d 1026 (Pa. Super. Ct. 2018).
“See also 75 Pa.C.S. § 3755(b) (supplying immunity from civil and criminal liability "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"); 35 P.”
Lanthier v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 22 A.3d 346 (Pa. Commw. Ct. 2011).
“Indeed, pursuant to Sections 1547(a) and 3755 of the Code, 75 Pa.C.S. § 3755, where a driver involved in a motor vehicle accident requires medical treatment in an emergency room, a police officer with probable cause to believe that the driver was under the influence of alcohol…”
O'Brien v. Synnott, 2013 VT 33 (Vt. 2013).
“”); 75 Pa. Cons. Stat. Ann. § 3755 (West 2004) (providing that hospital personnel shall draw blood or urine sample for police in specified circumstances and establishing civil and criminal immunity from liability for hospital personnel who accordingly draw blood or urine samples…”
Commonwealth v. Hipp, 551 A.2d 1086 (Pa. 1988).
“Since the intrusion upon appellant’s expectation of privacy was “justified”, the constitutional protections afforded appellant were not abridged when the hospital personnel volunteered the test results to the officer, or when the laboratory technician testified at trial,…”
Commonwealth v. Brozik, 527 A.2d 161 (Pa. Super. Ct. 1987).
· cites it 4× “Appellant’s alternative attack upon the admissibility of the blood alcohol test alleges that the police failed to transmit the blood sample to the Department of Health or an approved clinical laboratory within twenty-four hours, as required by 75 Pa.C.S. § 3755. The trial court…”
Commonwealth v. Simon, 655 A.2d 1024 (Pa. Super. Ct. 1995).
· cites it 2× “75 Pa.C.S. § 3755(a) These sections of the Motor Vehicle Code were recently before the Pennsylvania Supreme Court in Commonwealth v.”
— 75 Pa. Cons. Stat. § 3755(a) — 24 cases
Commonwealth v. Shaw, 770 A.2d 295 (Pa. 2001).
“This appeal presents the issue of whether under Article 1, Section 8 of the Pennsylvania Constitution, a police officer may obtain the results of a blood alcohol test, pursuant to 75 Pa.C.S. § 3755 (reports by emergency room personnel), without a search warrant and without…”
Commonwealth v. Riedel, 651 A.2d 135 (Pa. 1994).
“Trooper Travis did not request that blood be drawn for chemical testing pursuant to 75 Pa.C.S. § 3755(a). Subsequently, Trooper Travis wrote to the hospital requesting the results of appellant's blood test, which indicated a blood alcohol level of 0.”
Commonwealth, Aplt. v. Myers, D., 164 A.3d 1162 (Pa. 2017).
“See 75 Pa.C.S. § 3755(a). The passage from Riedel upon which the Commonwealth relies was merely a rejection of the motorist’s argument that the Subsection 1547(b)(1) right of refusal should apply to a police officer’s request for blood test results under Section 3755.”
Commonwealth v. Haines, 168 A.3d 231 (Pa. Super. Ct. 2017).
“The trial court erred in granting [Haines’] motion to suppress his blood alcohol results, as [Haines’] blood draw is admissible pursuant to 75 Pa.C.S. § 3755. a. The trial court erred in determining that 75 Pa.”
Com., Dot, Bur. of Dr. Lic. v. Mcglynn, 611 A.2d 770 (Pa. Commw. Ct. 1992).
“Immediately thereafter, blood was drawn from McGlynn by the emergency room personnel for medical reasons and in accordance with Section 3755(a) of the Vehicle Code, 75 Pa.C.S. § 3755(a). [3] DOT argues that the trial court erred in its finding that McGlynn was not under arrest…”
— 75 Pa. Cons. Stat. § 3755(b) — 3 cases
Commonwealth v. Markun, 185 A.3d 1026 (Pa. Super. Ct. 2018).
“See also 75 Pa.C.S. § 3755(b) (supplying immunity from civil and criminal liability "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"); 35 P.”
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