Section 123K: Duties of doctors regarding patients

123K. Duties of doctors regarding patients (1) A person who is admitted as a patient at a hospital shall not be required to provide a specimen of breath for a breath test, or to provide a specimen of blood or specimens of urine for a laboratory test, unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement and— (a) if the requirement is then made, it shall be for the provision of a specimen at the hospital; but R27 – 104 (1) [Issue 9] Road Traffic Act (b) if the medical practitioner objects on the ground specified in subsection (2) below, the requirement shall not be made. (2) The ground on which the medical practitioner may object is that the requirement or the provision of a specimen or, in the case of a specimen of blood or urine, the warning required under section 123H (5), would be prejudicial to the proper care and treatment of the patient. (3) Any objection and the grounds thereof raised under this section shall be set out in a certificate under the hand of the medical practitioner in charge of the case. (4) Where a medical practitioner specified in this section issues a certificate containing any statement which is false or misleading in a material particular, he shall commit an offence and shall, on conviction, be liable to imprisonment for a term of not less than 6 months. (5) Part X of the Criminal Procedure Act, the Probation of Offenders Act and the Community Service Order Act shall not apply to a conviction under this section. [S. 123K inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003.]