55-10-410 - Tests for alcoholic or drug content of blood Procurement and processing of samples Results Additional testing. - Tennessee Statutes

55-10-410. Tests for alcoholic or drug content of blood Procurement and processing of samples Results Additional testing.

(a)  The procurement of a sample of a person's blood for the purpose of conducting a test to determine the alcohol content, drug content, or both, of the blood as provided by §§ 55-10-405 55-10-412, to be considered valid under §§ 55-10-405 55-10-412, shall be performed by a registered nurse, licensed practical nurse, clinical laboratory technologist, clinical laboratory technician, licensed emergency medical technician, licensed paramedic or, notwithstanding any other provision of law to the contrary, licensed emergency medical technician approved to establish intravenous catheters, technologist, or certified and/or nationally registered phlebotomist or at the direction of a medical examiner or other physician holding an unlimited license to practice medicine in Tennessee under procedures established by the department of health.

(b)  Upon receipt of a specimen forwarded to the director's office for analysis, and the “toxicology request for examination” form, which shall indicate whether or not a breath alcohol test has been administered and the results of that test, the director of the Tennessee bureau of investigation shall have the specimen examined for alcohol concentration, the presence of narcotics or other drugs, or for both alcohol and drugs, if requested by the arresting officer, county medical examiner, or any district attorney general. The chief medical examiner or the medical examiner's duly appointed representative shall execute a certificate that indicates the name of the accused, the date, time and by whom the specimen was received and examined, and a statement of the alcohol concentration or presence of drugs in the specimen.

(c)  When a specimen taken in accordance with the provisions of this section is forwarded for testing to the office of the director of the Tennessee bureau of investigation, a report of the results of this test shall be made and filed in that office, and a copy mailed to the district attorney general for the district where the case arose.

(d)  The certificate provided for in this section shall, when duly attested by the director of the Tennessee bureau of investigation or the director's duly appointed representative, be admissible in any court, in any criminal proceeding, as evidence of the facts therein stated, and of the results of the test, if the person taking or causing to be taken the specimen and the person performing the test of the specimen shall be available, if subpoenaed as witnesses, upon demand by either party to the cause, or, when unable to appear as witnesses, shall submit a deposition upon demand by either party to the cause.

(e)  The person tested shall be entitled to have an additional sample of blood or urine procured and the resulting test performed by any medical laboratory of that person's own choosing and at that person's own expense; provided, that the medical laboratory is licensed pursuant to title 68, chapter 29.

[Acts 1969, ch. 292, § 6; 1972, ch. 525, §§ 1-8; T.C.A., § 59-1049; Acts 1980, ch. 810, § 4; 1982, ch. 579, § 2; 1985, ch. 141, §§ 2, 3; 1993, ch. 390, § 2; 1995, ch. 355, § 2; 2005, ch. 483, §§ 5, 6.]