Utah Code § 41-6a-523

Current through the 2024 Fourth Special Session
Section 41-6a-523 - Persons authorized to draw blood - Immunity from liability
(1)
(a) Only the following, acting at the request of a peace officer, may draw blood to determine its alcohol or drug content:
(i) a physician;
(ii) a physician assistant;
(iii) a registered nurse;
(iv) a licensed practical nurse;
(v) a paramedic;
(vi) as provided in Subsection (1)(b), emergency medical service personnel other than paramedics; or
(vii) a person with a valid permit issued by the Department of Health and Human Services under Section 26B-1-202.
(b) The Bureau of Emergency Medical Services may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 53-2d-101, are authorized to draw blood under Subsection (1)(a)(vi), based on the type of license under Section 53-2d-402.
(c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
(2) The following are immune from civil or criminal liability arising from drawing a blood sample from a person whom a peace officer has reason to believe is driving in violation of this chapter, if the sample is drawn in accordance with standard medical practice, and pursuant to a warrant or with the consent of the individual:
(a) a person authorized to draw blood under Subsection (1)(a);
(b) if the blood is drawn at a hospital or other medical facility, the medical facility; or
(c) if the blood is drawn at a law enforcement facility in a secure area not accessible by the public, the law enforcement agency.

Utah Code § 41-6a-523

Amended by Chapter 310, 2023 General Session ,§ 17, eff. 7/1/2024.
Amended by Chapter 328, 2023 General Session ,§ 47, eff. 5/3/2023.
Amended by Chapter 399, 2023 General Session ,§ 1, eff. 5/3/2023.
Amended by Chapter 349, 2019 General Session ,§ 29, eff. 5/14/2019.
Amended by Chapter 326, 2017 General Session ,§ 18, eff. 5/9/2017.
Amended by Chapter 267, 2012 General Session ,§ 2, eff. 5/8/2012.
Enacted by Chapter 2, 2005 General Session