House
File
2136
-
Reprinted
HOUSE
FILE
2136
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
550)
(SUCCESSOR
TO
HSB
149)
(As
Amended
and
Passed
by
the
House
February
20,
2024
)
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
HF
2136
(3)
90
th/ns/md
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
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
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