House File 935 - Introduced HOUSE FILE 935 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 171) 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 2609HV (2) 91 th/ns
H.F. 935 Section 1. Section 321J.11, subsection 1, Code 2025, is 1 amended to read as follows: 2 1. Only a licensed physician, licensed physician assistant 3 as defined in section 148C.1 , paramedic if authorized by the 4 paramedics designated medical director, 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 of 9 determining the alcohol concentration or the presence of a 10 controlled substance or other drugs. A person who withdraws 11 a specimen of blood in accordance with this subsection 12 shall act reasonably, in good faith, and in accordance with 13 standard medical procedures and applicable occupational 14 safety and health standards while withdrawing the specimen 15 of blood. However, any peace officer, using devices and 16 methods approved by the commissioner of public safety, may 17 take a specimen of a persons breath or urine for the purpose 18 of determining the alcohol concentration, or may take a 19 specimen of a persons urine for the purpose of determining 20 the presence of a controlled substance or other drugs. Except 21 in cases of negligence while withdrawing a specimen of blood, 22 a person authorized to withdraw a specimen of blood under 23 this subsection who acts reasonably, in good faith, and in 24 accordance with standard medical procedures and applicable 25 occupational safety and health standards, shall not be liable 26 in any civil or criminal action for the withdrawal of the 27 specimen. Only new equipment kept under strictly sanitary and 28 sterile conditions shall be used for drawing blood. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanations substance by the members of the general assembly. 32 Under current law, when a person is suspected of operating 33 a motor vehicle in violation of Code chapter 321J (operating 34 while intoxicated), only a licensed physician, licensed 35 -1- LSB 2609HV (2) 91 th/ns 1/ 2
H.F. 935 physician assistant, medical technologist, or registered nurse, 1 who is acting at the request of a peace officer, may withdraw a 2 specimen of blood for the purpose of determining the alcohol 3 concentration or the presence of a controlled substance or 4 other drugs. 5 This bill expands the list of persons authorized to withdraw 6 a specimen of blood. Under the bill, a paramedic if authorized 7 by the paramedics designated medical director, licensed 8 practical nurse, medical laboratory technician, phlebotomist, 9 laboratory assistant, and other qualified persons are also 10 authorized to withdraw a specimen of blood at the request of 11 a peace officer. The bill requires a person who withdraws a 12 specimen of blood to act reasonably, in good faith, and in 13 accordance with standard medical procedures and applicable 14 occupational safety and health standards. 15 The bill shields all authorized persons from civil and 16 criminal liability for the withdrawal of a specimen of blood, 17 except in cases of negligence, so long as the person acts in 18 compliance with the bill. 19 -2- LSB 2609HV (2) 91 th/ns 2/ 2