Enrolled Copy H.B. 236
1 DRIVING UNDER THE INFLUENCE TESTING
2 AMENDMENTS
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jefferson S. Burton
6 Senate Sponsor: Derrin R. Owens
7
8LONG TITLE
9General Description:
10 This bill amends provisions related to immunity from civil or criminal liability arising
11from drawing a blood sample from a person whom a peace officer has reason to believe
12is driving under the influence.
13Highlighted Provisions:
14 This bill:
15 <extends to a law enforcement agency immunity to civil and criminal liability arising
16from drawing a blood sample from a person whom a peace officer has reason to
17believe is driving under the influence if the blood draw is performed in a secure area
18within a law enforcement facility and in accordance with standard medical practice.
19Money Appropriated in this Bill:
20 None
21Other Special Clauses:
22 None
23Utah Code Sections Affected:
24AMENDS:
25 41-6a-523, as last amended by Laws of Utah 2019, Chapter 349
26
27Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 41-6a-523 is amended to read:
29 41-6a-523. Persons authorized to draw blood -- Immunity from liability. H.B. 236 Enrolled Copy
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30 (1) (a) Only the following, acting at the request of a peace officer, may draw blood to
31determine its alcohol or drug content:
32 (i) a physician;
33 (ii) a physician assistant;
34 (iii) a registered nurse;
35 (iv) a licensed practical nurse;
36 (v) a paramedic;
37 (vi) as provided in Subsection (1)(b), emergency medical service personnel other than
38paramedics; or
39 (vii) a person with a valid permit issued by the Department of Health and Human
40Services under Section 26-1-30.
41 (b) The Department of Health and Human Services may designate by rule, in
42accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
43medical service personnel, as defined in Section 26-8a-102, are authorized to draw blood under
44Subsection (1)(a)(vi), based on the type of license under Section 26-8a-302.
45 (c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
46 (2) The following are immune from civil or criminal liability arising from drawing a
47blood sample from a person whom a peace officer has reason to believe is driving in violation
48of this chapter, if the sample is drawn in accordance with standard medical practice, and
49pursuant to a warrant or with the consent of the individual:
50 (a) a person authorized to draw blood under Subsection (1)(a); [and]
51 (b) if the blood is drawn at a hospital or other medical facility, the medical facility[.];
52or
53 (c) if the blood is drawn at a law enforcement facility in a secure area not accessible by
54the public, the law enforcement agency.