House
Study
Bill
149
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
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
2225YC
(3)
90
th/ns
H.F.
_____
Section
1.
Section
321J.11,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
a.
Only
a
licensed
physician,
licensed
physician
3
assistant
as
defined
in
section
148C.1
,
medical
technologist,
4
paramedic,
or
registered
nurse,
acting
at
the
request
of
a
5
peace
officer,
may
withdraw
a
specimen
of
blood
for
the
purpose
6
of
determining
the
alcohol
concentration
or
the
presence
of
7
a
controlled
substance
or
other
drugs.
However,
any
peace
8
officer,
using
devices
and
methods
approved
by
the
commissioner
9
of
public
safety,
may
take
a
specimen
of
a
person’s
breath
or
10
urine
for
the
purpose
of
determining
the
alcohol
concentration,
11
or
may
take
a
specimen
of
a
person’s
urine
for
the
purpose
of
12
determining
the
presence
of
a
controlled
substance
or
other
13
drugs.
Only
new
equipment
kept
under
strictly
sanitary
and
14
sterile
conditions
shall
be
used
for
drawing
blood.
15
b.
As
used
in
this
subsection,
“medical
technologist”
16
includes
a
person
employed
as
a
medical
technician,
emergency
17
medical
technician-intermediate,
mobile
intensive
care
18
technician,
emergency
medical
technician-intermediate
19
defibrillator,
or
advanced
emergency
medical
technician.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
Under
current
law,
when
a
person
is
suspected
of
operating
24
a
motor
vehicle
in
violation
of
Code
chapter
321J
(operating
25
while
intoxicated),
only
a
licensed
physician,
licensed
26
physician
assistant,
medical
technologist,
or
registered
nurse,
27
who
is
acting
at
the
request
of
a
peace
officer,
may
withdraw
a
28
specimen
of
blood
for
the
purpose
of
determining
the
alcohol
29
concentration
or
the
presence
of
a
controlled
substance
or
30
other
drugs.
31
This
bill
adds
paramedics
to
the
list
of
persons
authorized
32
to
withdraw
a
specimen
of
blood.
Under
the
bill,
a
person
33
employed
as
a
medical
technician,
emergency
medical
34
technician-intermediate,
mobile
intensive
care
technician,
35
-1-
LSB
2225YC
(3)
90
th/ns
1/
2
H.F.
_____
emergency
medical
technician-intermediate
defibrillator,
or
1
advanced
emergency
medical
technician
is
considered
a
“medical
2
technologist”
for
purposes
of
Code
section
321J.11(1).
3
-2-
LSB
2225YC
(3)
90
th/ns
2/
2