Only a physician, licensed professional or practical nurse, emergency medical technician or certified phlebotomist or a technologist employed by a hospital or physician shall withdraw blood from a person in the performance of a chemical blood test. A physician, nurse, technician, phlebotomist or technologist who withdraws blood from a person in the performance of a chemical blood test that has been directed by a law enforcement officer, or by a judicial or probation officer, shall not be held liable in a civil or criminal action for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence, nor shall a person assisting in the performance of the test, or a hospital wherein blood is withdrawn in the performance of the test, be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence.

History: Laws 2003, ch. 241, § 6; 2025, ch. 4, § 23.

ANNOTATIONS

The 2025 amendment, effective June 20, 2025, authorized additional medical professionals to perform blood draws in the performance of a chemical blood test; after "practical nurse", deleted "or laboratory technician" and added "emergency medical technician or certified phlebotomist", substituted each occurrence of "blood-alcohol or drug test" with "chemical blood test", and after "technician", added "phlebotomist".