House Study Bill 24 HOUSE FILE BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act allowing an advanced registered nurse practitioner to 2 certify an alleged intoxicated driver's death or other 3 incapacitated state for purposes of chemical testing and to 4 administer a chemical test of bodily fluids, without a 5 warrant, to a person suspected of driving while intoxicated. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1712YC 81 8 rh/gg/14 PAG LIN 1 1 Section 1. Section 321J.7, Code 2005, is amended to read 1 2 as follows: 1 3 321J.7 DEAD OR UNCONSCIOUS PERSONS. 1 4 A person who is dead, unconscious, or otherwise in a 1 5 condition rendering the person incapable of consent or refusal 1 6 is deemed not to have withdrawn the consent provided by 1 7 section 321J.6, and the test may be given if a licensed 1 8 physician or advanced registered nurse practitioner certifies 1 9 in advance of the test that the person is dead, unconscious, 1 10 or otherwise in a condition rendering that person incapable of 1 11 consent or refusal. If the certification is oral, a written 1 12 certification shall be completed by the physician or advanced 1 13 registered nurse practitioner within a reasonable time of the 1 14 test. 1 15 Sec. 2. Section 321J.11, unnumbered paragraph 1, Code 1 16 2005, is amended to read as follows: 1 17 Only a licensed physician, licensed physician assistant as 1 18 defined in section 148C.1, medical technologist, advanced 1 19 registered nurse practitioner, or registered nurse, acting at 1 20 the request of a peace officer, may withdraw a specimen of 1 21 blood for the purpose of determining the alcohol concentration 1 22 or the presence of a controlled substance or other drugs. 1 23 However, any peace officer, using devices and methods approved 1 24 by the commissioner of public safety, may take a specimen of a 1 25 person's breath or urine for the purpose of determining the 1 26 alcohol concentration, or may take a specimen of a person's 1 27 urine for the purpose of determining the presence of a 1 28 controlled substance or other drugs. Only new equipment kept 1 29 under strictly sanitary and sterile conditions shall be used 1 30 for drawing blood. 1 31 EXPLANATION 1 32 This bill allows an advanced registered nurse practitioner 1 33 to certify a person's death, unconscious state, or other 1 34 incapacitated condition, for purposes of chemical testing and 1 35 to administer a chemical test of bodily fluids, without a 2 1 warrant, to a person suspected of driving while intoxicated. 2 2 The bill provides that an advanced registered nurse 2 3 practitioner may certify that a person suspected of driving 2 4 while intoxicated is dead, unconscious, or otherwise in a 2 5 condition rendering that person incapable of consent or 2 6 refusal. The bill further provides that if the certification 2 7 is oral, a written certification shall be completed by the 2 8 advanced registered nurse practitioner within a reasonable 2 9 time of the test. Current law limits the certification under 2 10 these circumstances to a licensed physician. 2 11 The bill further provides that an advanced registered nurse 2 12 practitioner, acting at the request of a peace officer, may 2 13 withdraw a specimen of blood for the purpose of determining 2 14 the alcohol concentration or the presence of a controlled 2 15 substance or other drugs. 2 16 LSB 1712YC 81 2 17 rh:nh/gg/14