Legal Opinion

Opinion No. Oag 11-84, (1984)

Wisconsin Attorney General Reports

Decided February 28, 1984Published

1Opinion of the Court

JOHN D. OSINGA, District Attorney Portage County

Hospitals which receive federal funding for alcohol and drug abuse treatment programs are required by federal law to preserve the confidentiality of patient records relating to such programs. The Wisconsin Implied Consent Law, section 343.305, Stats., requires a hospital to comply with the request of a law enforcement officer to cooperate in the administration of chemical tests to determine the presence of intoxicants in the blood of a person under arrest. A blood test is one of the chemical tests permitted by statute and that procedure begins…

2Cases cited7 opinions

  1. General Electric Co. v. GilbertSupreme Court of the United States · 1976
  2. State v. WhiteSupreme Court of Connecticut · 1975
  3. State v. Amoco Oil Co.Wisconsin Supreme Court · 1980
  4. Swanson v. Department of Health & Social ServicesCourt of Appeals of Wisconsin · 1981
  5. State v. BetheaCourt of Appeals of North Carolina · 1978

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