House
File
2136
-
Introduced
HOUSE
FILE
2136
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
550)
(SUCCESSOR
TO
HSB
149)
A
BILL
FOR
An
Act
relating
to
medical
personnel
authorized
to
withdraw
a
1
specimen
of
blood
from
a
person
suspected
of
operating
while
2
intoxicated.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2225HZ
(2)
90
th/ns
H.F.
2136
Section
1.
Section
321J.11,
subsection
1,
Code
2024,
is
1
amended
to
read
as
follows:
2
1.
Only
a
licensed
physician,
licensed
physician
assistant
3
as
defined
in
section
148C.1
,
emergency
medical
technician
if
4
authorized
by
the
technician’s
designated
medical
director,
5
emergency
medical
technician-paramedic
if
authorized
by
the
6
technician-paramedic’s
designated
medical
director,
medical
7
technologist,
or
registered
nurse,
licensed
practical
nurse,
8
medical
laboratory
technician,
phlebotomist,
laboratory
9
assistant,
or
other
qualified
person
acting
at
the
request
of
a
10
peace
officer,
may
withdraw
a
specimen
of
blood
for
the
purpose
11
of
determining
the
alcohol
concentration
or
the
presence
of
12
a
controlled
substance
or
other
drugs.
However,
any
peace
13
officer,
using
devices
and
methods
approved
by
the
commissioner
14
of
public
safety,
may
take
a
specimen
of
a
person’s
breath
or
15
urine
for
the
purpose
of
determining
the
alcohol
concentration,
16
or
may
take
a
specimen
of
a
person’s
urine
for
the
purpose
of
17
determining
the
presence
of
a
controlled
substance
or
other
18
drugs.
Except
in
cases
of
negligence
while
withdrawing
a
19
specimen
of
blood,
a
person
authorized
to
withdraw
a
specimen
20
of
blood
under
this
subsection
who
acts
reasonably,
in
good
21
faith,
and
in
accordance
with
standard
medical
procedures,
22
shall
not
be
liable
in
any
civil
or
criminal
action
for
the
23
withdrawal
of
the
specimen.
Only
new
equipment
kept
under
24
strictly
sanitary
and
sterile
conditions
shall
be
used
for
25
drawing
blood.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
Under
current
law,
when
a
person
is
suspected
of
operating
30
a
motor
vehicle
in
violation
of
Code
chapter
321J
(operating
31
while
intoxicated),
only
a
licensed
physician,
licensed
32
physician
assistant,
medical
technologist,
or
registered
nurse,
33
who
is
acting
at
the
request
of
a
peace
officer,
may
withdraw
a
34
specimen
of
blood
for
the
purpose
of
determining
the
alcohol
35
-1-
LSB
2225HZ
(2)
90
th/ns
1/
2
H.F.
2136
concentration
or
the
presence
of
a
controlled
substance
or
1
other
drugs.
2
This
bill
expands
the
list
of
persons
authorized
to
withdraw
3
a
specimen
of
blood.
Under
the
bill,
an
emergency
medical
4
technician
if
authorized
by
the
technician’s
designated
medical
5
director,
emergency
medical
technician-paramedic
if
authorized
6
by
the
technician-paramedic’s
designated
medical
director,
7
licensed
practical
nurse,
medical
laboratory
technician,
8
phlebotomist,
laboratory
assistant,
and
other
qualified
persons
9
are
also
authorized
to
withdraw
a
specimen
of
blood.
The
10
bill
shields
all
authorized
persons
from
civil
and
criminal
11
liability
for
the
withdrawal
of
a
specimen
of
blood,
except
in
12
cases
of
negligence,
so
long
as
the
person
acts
reasonably,
in
13
good
faith,
and
in
accordance
with
standard
medical
procedures.
14
-2-
LSB
2225HZ
(2)
90
th/ns
2/
2