House
File
550
-
Introduced
HOUSE
FILE
550
BY
COMMITTEE
ON
JUDICIARY
(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
2225HV
(2)
90
th/ns
H.F.
550
Section
1.
Section
321J.11,
subsection
1,
Code
2023,
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,
4
emergency
medical
technician-paramedic,
medical
technologist,
5
or
registered
nurse,
licensed
practical
nurse,
medical
6
laboratory
technician,
phlebotomist,
laboratory
assistant,
7
or
other
qualified
person
acting
at
the
request
of
a
peace
8
officer,
may
withdraw
a
specimen
of
blood
for
the
purpose
9
of
determining
the
alcohol
concentration
or
the
presence
of
10
a
controlled
substance
or
other
drugs.
However,
any
peace
11
officer,
using
devices
and
methods
approved
by
the
commissioner
12
of
public
safety,
may
take
a
specimen
of
a
person’s
breath
or
13
urine
for
the
purpose
of
determining
the
alcohol
concentration,
14
or
may
take
a
specimen
of
a
person’s
urine
for
the
purpose
of
15
determining
the
presence
of
a
controlled
substance
or
other
16
drugs.
Except
in
cases
of
negligence
while
withdrawing
a
17
specimen
of
blood,
a
person
authorized
to
withdraw
a
specimen
18
of
blood
under
this
subsection
who
acts
reasonably,
in
good
19
faith,
and
in
accordance
with
standard
medical
procedures,
20
shall
not
be
liable
in
any
civil
or
criminal
action
for
the
21
withdrawal
of
the
specimen.
Only
new
equipment
kept
under
22
strictly
sanitary
and
sterile
conditions
shall
be
used
for
23
drawing
blood.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
Under
current
law,
when
a
person
is
suspected
of
operating
28
a
motor
vehicle
in
violation
of
Code
chapter
321J
(operating
29
while
intoxicated),
only
a
licensed
physician,
licensed
30
physician
assistant,
medical
technologist,
or
registered
nurse,
31
who
is
acting
at
the
request
of
a
peace
officer,
may
withdraw
a
32
specimen
of
blood
for
the
purpose
of
determining
the
alcohol
33
concentration
or
the
presence
of
a
controlled
substance
or
34
other
drugs.
35
-1-
LSB
2225HV
(2)
90
th/ns
1/
2
H.F.
550
This
bill
expands
the
list
of
persons
authorized
to
withdraw
1
a
specimen
of
blood.
Under
the
bill,
a
physician
and
physician
2
assistant
need
not
be
licensed
to
withdraw
a
specimen
of
3
blood
and
an
emergency
medical
technician,
emergency
medical
4
technician-paramedic,
licensed
practical
nurse,
medical
5
laboratory
technician,
phlebotomist,
laboratory
assistant,
6
and
other
qualified
persons
are
also
authorized
to
withdraw
a
7
specimen
of
blood.
The
bill
shields
such
persons
from
civil
8
and
criminal
liability
for
the
withdrawal
of
a
specimen
of
9
blood,
except
in
cases
of
negligence,
so
long
as
the
person
10
acts
reasonably,
in
good
faith,
and
in
accordance
with
standard
11
medical
procedures.
12
-2-
LSB
2225HV
(2)
90
th/ns
2/
2