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SF 2817

as introduced - 86th Legislature (2009 - 2010) Posted on 02/23/2010 12:01pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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A bill for an act
 relating to public safety; authorizing certain qualified persons with medical
training or supervision to take blood samples from DWI offenders; providing
legal immunity; amending Minnesota Statutes 2008, section 169A.51,
subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 169A.51, subdivision 7, is amended to
read:


Subd. 7.

Requirements for conducting tests; liability.

(a) Only a physician,
medical technician, emergency medical technician-paramedic, registered nurse, medical
technologist, medical laboratory technician, phlebotomist, deleted text begin ordeleted text end laboratory assistantnew text begin , or
other qualified personnew text end acting at the request of a peace officer may withdraw blood for the
purpose of determining the presence of alcohol, a controlled substance or its metabolite,
or a hazardous substance. This limitation does not apply to the taking of a breath or
urine sample.

(b) The person tested has the right to have someone of the person's own choosing
administer a chemical test or tests in addition to any administered at the direction of a
peace officer; provided, that the additional test sample on behalf of the person is obtained
at the place where the person is in custody, after the test administered at the direction of a
peace officer, and at no expense to the state. The failure or inability to obtain an additional
test or tests by a person does not preclude the admission in evidence of the test taken at
the direction of a peace officer unless the additional test was prevented or denied by the
peace officer.

(c) The physician, medical technician, emergency medical technician-paramedic,
medical technologist, medical laboratory technician, laboratory assistant, phlebotomist, deleted text begin ordeleted text end
registered nursenew text begin , or other qualified personnew text end drawing blood at the request of a peace officer
for the purpose of determining the concentration of alcohol, a controlled substance or its
metabolite, or a hazardous substance is in no manner liable in any civil or criminal action
except for negligence in drawing the blood. The person administering a breath test must
be fully trained in the administration of breath tests pursuant to training given by the
commissioner of public safety.

new text begin (d) For purposes of this subdivision, "qualified person" means medical personnel
trained in a licensed hospital or educational institution to withdraw blood or acting under
the supervision and direction of a physician or registered nurse.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
 new text end