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  1  6 is deemed not to have withdrawn the consent provided by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