(a) Notwithstanding any other provision of law, the written results of blood alcohol tests conducted upon persons receiving medical treatment in a hospital emergency room are admissible in evidence of a business record exception to the hearsay rule only in prosecutions for any violation of Section 22-19 of this Code, or in prosecutions for reckless homicide brought under 720 Illinois Compiled Statutes 5/1-1 et seq., when each of the following criteria are met:
(1) The blood alcohol tests were ordered by a physician on duty at the hospital emergency room and were performed in the regular course of providing emergency medical treatment in order to assist the physician in diagnosis or treatment;
(2) The blood alcohol tests were performed by the hospital's own laboratory; and
(3) The written results of the blood alcohol tests were received and considered by the physician on duty at the hospital emergency room to assist that physician in diagnosis or treatment.
(b) The confidentiality provisions of law pertaining to medical records and medical treatment shall not be applicable with regard to blood alcohol tests performed under the provisions of this Section in prosecutions as specified in subsection (a) of this Section. No person shall be liable for civil damages as a result of the evidentiary use of blood alcohol test results under this Section, or as a result of that person's testimony made available under this Section. (Ord. 0-94-01, 1-3-94)