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 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 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 persons breath or urine for the 20 purpose of determining the alcohol concentration, or may take 21 a specimen of a persons 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 -1- HF 2136 (3) 90 th/ns/md 1/ 1