Read the full stored bill text
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
paramedic’s
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
person’s
breath
or
urine
for
the
purpose
18
of
determining
the
alcohol
concentration,
or
may
take
a
19
specimen
of
a
person’s
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
explanation’s
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
paramedic’s
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