House Study Bill 149 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) 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 2225YC (3) 90 th/ns
H.F. _____ Section 1. Section 321J.11, subsection 1, Code 2023, is 1 amended to read as follows: 2 1. a. Only a licensed physician, licensed physician 3 assistant as defined in section 148C.1 , medical technologist, 4 paramedic, or registered nurse, acting at the request of a 5 peace officer, may withdraw a specimen of blood for the purpose 6 of determining the alcohol concentration or the presence of 7 a controlled substance or other drugs. However, any peace 8 officer, using devices and methods approved by the commissioner 9 of public safety, may take a specimen of a persons breath or 10 urine for the purpose of determining the alcohol concentration, 11 or may take a specimen of a persons urine for the purpose of 12 determining the presence of a controlled substance or other 13 drugs. Only new equipment kept under strictly sanitary and 14 sterile conditions shall be used for drawing blood. 15 b. As used in this subsection, medical technologist 16 includes a person employed as a medical technician, emergency 17 medical technician-intermediate, mobile intensive care 18 technician, emergency medical technician-intermediate 19 defibrillator, or advanced emergency medical technician. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanations substance by the members of the general assembly. 23 Under current law, when a person is suspected of operating 24 a motor vehicle in violation of Code chapter 321J (operating 25 while intoxicated), only a licensed physician, licensed 26 physician assistant, medical technologist, or registered nurse, 27 who is acting at the request of a peace officer, may withdraw a 28 specimen of blood for the purpose of determining the alcohol 29 concentration or the presence of a controlled substance or 30 other drugs. 31 This bill adds paramedics to the list of persons authorized 32 to withdraw a specimen of blood. Under the bill, a person 33 employed as a medical technician, emergency medical 34 technician-intermediate, mobile intensive care technician, 35 -1- LSB 2225YC (3) 90 th/ns 1/ 2
H.F. _____ emergency medical technician-intermediate defibrillator, or 1 advanced emergency medical technician is considered a medical 2 technologist for purposes of Code section 321J.11(1). 3 -2- LSB 2225YC (3) 90 th/ns 2/ 2