A bill for an act relating to medical personnel authorized to withdraw a specimen of blood from a person suspected of operating while intoxicated.(See HF 935.)
Summary
HSB171 expands the list of medical personnel who may draw a blood specimen from a person suspected of operating while intoxicated at the request of a peace officer. Under current law, that authority is limited to certain licensed medical professionals; the bill adds emergency medical technicians and paramedics when authorized by their medical directors, licensed practical nurses, medical laboratory technicians, phlebotomists, laboratory assistants, and other qualified persons. The bill also keeps the requirement that blood draws be performed reasonably, in good faith, and in accordance with standard medical procedures and occupational safety and health standards.
The bill further provides liability protection for authorized persons who comply with those standards, shielding them from civil or criminal liability for the blood draw except in cases of negligence. It also reiterates that only new equipment kept under sanitary and sterile conditions may be used. In effect, the measure broadens the pool of personnel available to assist law enforcement in OWI investigations while maintaining procedural and safety requirements.
Impact
HSB171 amends Iowa Code section 321J.11, which governs chemical testing in operating-while-intoxicated cases. The bill would change who is legally authorized to withdraw blood for alcohol or drug testing, expanding the statute beyond physicians, physician assistants, medical technologists, and registered nurses to include additional emergency and laboratory personnel under specified supervision or authorization. It also clarifies immunity from liability for those acting in compliance with the statute, affecting peace officers, medical providers, and defendants in OWI enforcement cases.
Sentiment
The available voting history suggests broad support for the bill, with the House Committee on Public Safety reporting it unanimously by a 23-0 vote. No committee transcript is available, but the lack of recorded opposition and the committee’s unanimous approval indicate generally favorable sentiment toward expanding blood-draw authority for OWI enforcement.
Contention
The main policy issue is whether to broaden the category of medical personnel allowed to perform blood draws in OWI investigations. Support appears to center on improving access and efficiency for law enforcement, especially where licensed physicians or nurses may not be immediately available. Potential concerns, though not reflected in recorded debate here, would likely involve patient safety, training standards, the scope of delegated authority from medical directors, and liability protections for nontraditional personnel such as EMTs, phlebotomists, and laboratory assistants.
Replaced by
A bill for an act relating to medical personnel authorized to withdraw a specimen of blood from a person suspected of operating while intoxicated.(Formerly HSB 171.)