JAN 16, 1979

With respect to if a public hospital, such as Lexington County Hospital, should, or must, a hospital or its employees extract blood samples for blood alcohol analysis from a non-consenting defendant at the request of law enforcement officers or the coroner, and would the hospital or an employee of the hospital be civilly liable for the non-negligent extraction of a blood alcohol sample from a patient without his consent, if this were done at the request of a law enforcement officer or the coroner.

Requested by: Honorable Donald V. Myers, Solicitor, Eleventh Judicial Circuit

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