HF 2136 (LSB 2225HZ (2) 90)

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 specimen of blood from a person suspected of operating while intoxicated.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321J.11, subsection 1, Code 2024, is amended to read as follows:
   1.  Only a licensed physician, licensed physician assistant as defined in section 148C.1, emergency medical technician if authorized by the technician’s designated medical director, emergency medical technician-paramedic if authorized by the technician-paramedic’s designated medical director, medical technologist, or registered nurse, licensed practical nurse, medical laboratory technician, phlebotomist, laboratory assistant, or other qualified person acting at the request of a peace officer, may withdraw a specimen of blood for the purpose of determining the alcohol concentration or the presence of a controlled substance or other drugs. However, any peace officer, using devices and methods approved by the commissioner of public safety, may take a specimen of a person’s breath or urine for the purpose of determining the alcohol concentration, or may take a specimen of a person’s urine for the purpose of determining the presence of a controlled substance or other drugs.  Except in cases of negligence while withdrawing a specimen of blood, a person authorized to withdraw a specimen of blood under this subsection who acts reasonably, in good faith, and in accordance with standard medical procedures, shall not be liable in any civil or criminal action for the withdrawal of the specimen. Only new equipment kept under strictly sanitary and sterile conditions shall be used for drawing blood.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, when a person is suspected of operating a motor vehicle in violation of Code chapter 321J (operating while intoxicated), only a licensed physician, licensed physician assistant, medical technologist, or registered nurse, who is acting at the request of a peace officer, may withdraw a specimen of blood for the purpose of determining the alcohol concentration or the presence of a controlled substance or other drugs.
   This bill expands the list of persons authorized to withdraw a specimen of blood. Under the bill, an emergency medical technician if authorized by the technician’s designated medical director, emergency medical technician-paramedic if authorized by the technician-paramedic’s designated medical director, licensed practical nurse, medical laboratory technician, phlebotomist, laboratory assistant, and other qualified persons are also authorized to withdraw a specimen of blood. The bill shields all authorized persons from civil and criminal liability for the withdrawal of a specimen of blood, except in cases of negligence, so long as the person acts reasonably, in good faith, and in accordance with standard medical procedures.