House File 2136 - Introduced 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 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 2225HZ (2) 90 th/ns
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 technicians designated medical director, 5 emergency medical technician-paramedic if authorized by the 6 technician-paramedics 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 of a 10 peace officer, may withdraw a specimen of blood for the purpose 11 of determining the alcohol concentration or the presence of 12 a controlled substance or other drugs. However, any peace 13 officer, using devices and methods approved by the commissioner 14 of public safety, may take a specimen of a persons breath or 15 urine for the purpose of determining the alcohol concentration, 16 or may take a specimen of a persons urine for the purpose of 17 determining the presence of a controlled substance or other 18 drugs. Except in cases of negligence while withdrawing a 19 specimen of blood, a person authorized to withdraw a specimen 20 of blood under this subsection who acts reasonably, in good 21 faith, and in accordance with standard medical procedures, 22 shall not be liable in any civil or criminal action for the 23 withdrawal of the specimen. Only new equipment kept under 24 strictly sanitary and sterile conditions shall be used for 25 drawing blood. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanations substance by the members of the general assembly. 29 Under current law, when a person is suspected of operating 30 a motor vehicle in violation of Code chapter 321J (operating 31 while intoxicated), only a licensed physician, licensed 32 physician assistant, medical technologist, or registered nurse, 33 who is acting at the request of a peace officer, may withdraw a 34 specimen of blood for the purpose of determining the alcohol 35 -1- LSB 2225HZ (2) 90 th/ns 1/ 2
H.F. 2136 concentration or the presence of a controlled substance or 1 other drugs. 2 This bill expands the list of persons authorized to withdraw 3 a specimen of blood. Under the bill, an emergency medical 4 technician if authorized by the technicians designated medical 5 director, emergency medical technician-paramedic if authorized 6 by the technician-paramedics designated medical director, 7 licensed practical nurse, medical laboratory technician, 8 phlebotomist, laboratory assistant, and other qualified persons 9 are also authorized to withdraw a specimen of blood. The 10 bill shields all authorized persons from civil and criminal 11 liability for the withdrawal of a specimen of blood, except in 12 cases of negligence, so long as the person acts reasonably, in 13 good faith, and in accordance with standard medical procedures. 14 -2- LSB 2225HZ (2) 90 th/ns 2/ 2