House File 550 - Introduced HOUSE FILE 550 BY COMMITTEE ON JUDICIARY (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 2225HV (2) 90 th/ns
H.F. 550 Section 1. Section 321J.11, subsection 1, Code 2023, 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, 4 emergency medical technician-paramedic, medical technologist, 5 or registered nurse, licensed practical nurse, medical 6 laboratory technician, phlebotomist, laboratory assistant, 7 or other qualified person acting at the request of a peace 8 officer, may withdraw a specimen of blood for the purpose 9 of determining the alcohol concentration or the presence of 10 a controlled substance or other drugs. However, any peace 11 officer, using devices and methods approved by the commissioner 12 of public safety, may take a specimen of a persons breath or 13 urine for the purpose of determining the alcohol concentration, 14 or may take a specimen of a persons urine for the purpose of 15 determining the presence of a controlled substance or other 16 drugs. Except in cases of negligence while withdrawing a 17 specimen of blood, a person authorized to withdraw a specimen 18 of blood under this subsection who acts reasonably, in good 19 faith, and in accordance with standard medical procedures, 20 shall not be liable in any civil or criminal action for the 21 withdrawal of the specimen. Only new equipment kept under 22 strictly sanitary and sterile conditions shall be used for 23 drawing blood. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanations substance by the members of the general assembly. 27 Under current law, when a person is suspected of operating 28 a motor vehicle in violation of Code chapter 321J (operating 29 while intoxicated), only a licensed physician, licensed 30 physician assistant, medical technologist, or registered nurse, 31 who is acting at the request of a peace officer, may withdraw a 32 specimen of blood for the purpose of determining the alcohol 33 concentration or the presence of a controlled substance or 34 other drugs. 35 -1- LSB 2225HV (2) 90 th/ns 1/ 2
H.F. 550 This bill expands the list of persons authorized to withdraw 1 a specimen of blood. Under the bill, a physician and physician 2 assistant need not be licensed to withdraw a specimen of 3 blood and an emergency medical technician, emergency medical 4 technician-paramedic, licensed practical nurse, medical 5 laboratory technician, phlebotomist, laboratory assistant, 6 and other qualified persons are also authorized to withdraw a 7 specimen of blood. The bill shields such persons from civil 8 and criminal liability for the withdrawal of a specimen of 9 blood, except in cases of negligence, so long as the person 10 acts reasonably, in good faith, and in accordance with standard 11 medical procedures. 12 -2- LSB 2225HV (2) 90 th/ns 2/ 2