Opinion No. (1984)

Dear Representative Sharpe:

This opinion is in response to your request asking:

Reading Sections 577.020 to 577.041, RSMo, together is consent to the testing procedures, particularly the invasive procedure necessary for blood testing, provided for in the statutes, negating the need for obtaining explicit consent for the procedure at the time the procedure is administered?

To what extent, if any, is the hospital in which the test sample is obtained and the hospital's employees free from liability for participating in the procedure? [sic]

If a person under arrest refuses the tests, as provided for…