House
Study
Bill
171
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
VONDRAN)
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
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Section
1.
Section
321J.11,
subsection
1,
Code
2025,
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
10
of
a
peace
officer,
may
withdraw
a
specimen
of
blood
for
11
the
purpose
of
determining
the
alcohol
concentration
or
12
the
presence
of
a
controlled
substance
or
other
drugs.
A
13
person
who
withdraws
a
specimen
of
blood
in
accordance
with
14
this
subsection
shall
act
reasonably,
in
good
faith,
and
in
15
accordance
with
standard
medical
procedures
and
applicable
16
occupational
safety
and
health
standards
while
withdrawing
the
17
specimen
of
blood.
However,
any
peace
officer,
using
devices
18
and
methods
approved
by
the
commissioner
of
public
safety,
19
may
take
a
specimen
of
a
person’s
breath
or
urine
for
the
20
purpose
of
determining
the
alcohol
concentration,
or
may
take
21
a
specimen
of
a
person’s
urine
for
the
purpose
of
determining
22
the
presence
of
a
controlled
substance
or
other
drugs.
Except
23
in
cases
of
negligence
while
withdrawing
a
specimen
of
blood,
24
a
person
authorized
to
withdraw
a
specimen
of
blood
under
25
this
subsection
who
acts
reasonably,
in
good
faith,
and
in
26
accordance
with
standard
medical
procedures
and
applicable
27
occupational
safety
and
health
standards,
shall
not
be
liable
28
in
any
civil
or
criminal
action
for
the
withdrawal
of
the
29
specimen.
Only
new
equipment
kept
under
strictly
sanitary
and
30
sterile
conditions
shall
be
used
for
drawing
blood.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
Under
current
law,
when
a
person
is
suspected
of
operating
35
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a
motor
vehicle
in
violation
of
Code
chapter
321J
(operating
1
while
intoxicated),
only
a
licensed
physician,
licensed
2
physician
assistant,
medical
technologist,
or
registered
nurse,
3
who
is
acting
at
the
request
of
a
peace
officer,
may
withdraw
a
4
specimen
of
blood
for
the
purpose
of
determining
the
alcohol
5
concentration
or
the
presence
of
a
controlled
substance
or
6
other
drugs.
7
This
bill
expands
the
list
of
persons
authorized
to
withdraw
8
a
specimen
of
blood.
Under
the
bill,
an
emergency
medical
9
technician
if
authorized
by
the
technician’s
designated
medical
10
director,
emergency
medical
technician-paramedic
if
authorized
11
by
the
technician-paramedic’s
designated
medical
director,
12
licensed
practical
nurse,
medical
laboratory
technician,
13
phlebotomist,
laboratory
assistant,
and
other
qualified
persons
14
are
also
authorized
to
withdraw
a
specimen
of
blood
at
the
15
request
of
a
peace
officer.
The
bill
requires
a
person
who
16
withdraws
a
specimen
of
blood
to
act
reasonably,
in
good
17
faith,
and
in
accordance
with
standard
medical
procedures
and
18
applicable
occupational
safety
and
health
standards.
19
The
bill
shields
all
authorized
persons
from
civil
and
20
criminal
liability
for
the
withdrawal
of
a
specimen
of
blood,
21
except
in
cases
of
negligence,
so
long
as
the
person
acts
in
22
compliance
with
the
bill.
23
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