46.2-341.26:5 - Qualifications and liability of persons authorized to take blood samples; procedure for taking samp... - Virginia Statutes

§ 46.2-341.26:5. Qualifications and liability of persons authorized to takeblood samples; 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 on the recommendationof a licensed physician, using soap and water, polyvinylpyrrolidone iodine,pvp iodine, povidone iodine or benzalkonium chloride to cleanse the part ofthe body from which the blood is taken and using instruments sterilized bythe accepted steam sterilizer or some other sterilizer which will not affectthe accuracy of the test, or using chemically clean sterile disposablesyringes, shall withdraw blood for the purpose of determining its alcohol ordrug content. It is a Class 3 misdemeanor to reuse single-use-only needles orsyringes. No civil liability shall attach to any person authorized by thissection to withdraw blood as a result of the act of withdrawing blood fromany person submitting thereto, provided the blood was withdrawn according torecognized medical procedures.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 § 46.2-341.24 or § 46.2-341.31 shall berequired to execute in favor of any person or corporation a waiver or releaseof liability in connection with the withdrawal of blood or as a conditionprecedent to the withdrawal of blood as provided for in this section.

(1992, c. 830; 2004, cc. 150, 440.)