Superseded 7/1/2024)
Superseded 7/1/2024
77-23-213. Blood testing.
| (1) |
As used in this section:
Terms Used In Utah Code 77-23-213- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
“Law enforcement purpose” means duties that consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of this state’s political subdivisions. |
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| (2) |
A peace officer may require an individual to submit to a blood test for a law enforcement purpose only if:
| (a) |
the individual or legal representative of the individual with authority to give consent gives oral or written consent to the blood test; |
| (b) |
the peace officer obtains a warrant to administer the blood test; or |
| (c) |
a judicially recognized exception to obtaining a warrant exists as established by the Utah Court of Appeals, Utah Supreme Court, Court of Appeals of the Tenth Circuit, or the Supreme Court of the United States. |
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| (3) |
| (a) |
Only the following, acting at the request of a peace officer, may draw blood to determine the blood’s alcohol or drug content:
| (ii) |
a physician assistant; |
| (iii) |
a registered nurse; |
| (iv) |
a licensed practical nurse; |
| (vi) |
as provided in Subsection (3)(b), emergency medical service personnel other than a paramedic; or |
| (vii) |
a person with a valid permit issued by the Department of Health and Human Services under Section 26B-1-202. |
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| (c) |
The following are immune from civil or criminal liability arising from drawing a blood sample from a person who a peace officer requests, for law enforcement purposes, if the sample is drawn in accordance with standard medical practice:
| (i) |
a person authorized to draw blood under Subsection (3)(a); and |
| (ii) |
if the blood is drawn at a hospital or other medical facility, the medical facility. |
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Amended by Chapter 330, 2023 General Session
