House Study Bill 171 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON VONDRAN) 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 2609YC (2) 91 th/ns
H.F. _____ 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 , 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 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanations substance by the members of the general assembly. 34 Under current law, when a person is suspected of operating 35 -1- LSB 2609YC (2) 91 th/ns 1/ 2
H.F. _____ a motor vehicle in violation of Code chapter 321J (operating 1 while intoxicated), only a licensed physician, licensed 2 physician assistant, medical technologist, or registered nurse, 3 who is acting at the request of a peace officer, may withdraw a 4 specimen of blood for the purpose of determining the alcohol 5 concentration or the presence of a controlled substance or 6 other drugs. 7 This bill expands the list of persons authorized to withdraw 8 a specimen of blood. Under the bill, an emergency medical 9 technician if authorized by the technicians designated medical 10 director, emergency medical technician-paramedic if authorized 11 by the technician-paramedics designated medical director, 12 licensed practical nurse, medical laboratory technician, 13 phlebotomist, laboratory assistant, and other qualified persons 14 are also authorized to withdraw a specimen of blood at the 15 request of a peace officer. The bill requires a person who 16 withdraws a specimen of blood to act reasonably, in good 17 faith, and in accordance with standard medical procedures and 18 applicable occupational safety and health standards. 19 The bill shields all authorized persons from civil and 20 criminal liability for the withdrawal of a specimen of blood, 21 except in cases of negligence, so long as the person acts in 22 compliance with the bill. 23 -2- LSB 2609YC (2) 91 th/ns 2/ 2