Superseded 7/1/2024)
Superseded 7/1/2024
41-6a-523. Persons authorized to draw blood — Immunity from liability.
| (1) |
Terms Used In Utah Code 41-6a-523- Department: means the Department of Public Safety. See Utah Code 41-6a-102
- Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
- Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
| (a) |
Only the following, acting at the request of a peace officer, may draw blood to determine its alcohol or drug content:
| (ii) |
a physician assistant; |
| (iii) |
a registered nurse; |
| (iv) |
a licensed practical nurse; |
| (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. |
|
| (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 enforcemenet facility in a secure area not accessible by the public, the law enforcement agency. |
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Amended by Chapter 328, 2023 General Session
Amended by Chapter 399, 2023 General Session
