Only a physician, laboratory technician, registered nurse, physician’s assistant, phlebotomist, licensed practical nurse, medical technician, medical technologist, or other person authorized pursuant to certification, license, or training may withdraw blood for the purpose of determining the alcoholic content therein for the purposes of this chapter. This limitation does not apply to the taking of a breath or other bodily substance specimen. No such authorized person, acting on the presumption of consent, and no hospital employing such person, may be held liable to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care.

Terms Used In South Dakota Codified Laws 32-12A-45

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1991, ch 252, § 15; SDCL § 32-12-110.2; SL 2001, ch 171, § 115; SL 2010, ch 163, § 1.