Opn. No.

VEHICLE AND TRAFFIC LAW § 1194.

A physician is not immune from personal liability for any act done or omitted in the course of withdrawing blood from a person at the request of a police officer by reason of the provisions of Vehicle and Traffic Law § 1194(7) (b) where the person has been arrested on the grounds of violating Vehicle and Traffic Law §1192 and that person thereupon refuses to submit to a chemical test of his blood. HON. ROBERT P. WHALEN Commissioner Department of Health

This is in reply to your December 10 request for an opinion on the question of liability of a physician who at…