18.2-268.5 - Qualifications and liability of persons authorized to take blood sample; procedure for taking samples. - Virginia Statutes

§ 18.2-268.5. Qualifications and liability of persons authorized to takeblood sample; procedure for taking samples.

For purposes of this article, only a physician, registered nurse, licensedpractical nurse, phlebotomist, graduate laboratory technician or a technicianor nurse designated by order of a circuit court acting upon therecommendation of a licensed physician, using soap and water,polyvinylpyrrolidone iodine, pvp iodine, povidone iodine or benzalkoniumchloride to cleanse the part of the body from which the blood is taken andusing instruments sterilized by the accepted steam sterilizer or some othersterilizer which will not affect the accuracy of the test, or usingchemically clean sterile disposable syringes, shall withdraw blood for thepurpose of determining its alcohol or drug or both alcohol and drug content.It is a Class 3 misdemeanor to reuse single-use-only needles or syringes. Nocivil liability shall attach to any person authorized to withdraw blood as aresult of the act of withdrawing blood as provided in this section from anyperson submitting thereto, provided the blood was withdrawn according torecognized medical procedures. However, the person shall not be relieved fromliability for negligence in the withdrawing of any blood sample.

No person arrested for a violation of § 18.2-266, 18.2-266.1, or subsection Bof § 18.2-272, or a similar ordinance shall be required to execute in favorof any person or corporation a waiver or release of liability in connectionwith the withdrawal of blood and as a condition precedent to the withdrawalof blood as provided for in this section.

(1992, c. 830; 1994, cc. 359, 363; 2004, cc. 150, 440, 1013; 2005, cc. 757,840.)