§15-2B-9 Procedures for withdrawal of blood sample for DNA analysis and for conducting analysis. - West Virginia Statutes

§15-2B-9. Procedures for withdrawal of blood sample for DNA analysis and for conducting analysis.
(a) Upon incarceration, the division of corrections, regional jails, county jails and felon facilities shall ensure that the blood is drawn from all persons described in section six of this article. When any person convicted of an offense described in said section is not incarcerated, the sheriff in such county where the person is convicted shall ensure that blood is drawn from such person at the regional facility: Provided, That blood may be drawn at a county jail or at a prison, regional facility or local hospital unit when so ordered by the sentencing court. The sheriff shall transport such persons who are not incarcerated to the facility where the blood is drawn.

(b) The superintendent of the division shall promulgate a legislative rule pursuant to chapter twenty-nine-a of this code establishing which persons may withdraw blood and further establishing procedures to withdraw blood. At a minimum, these procedures shall require that when blood is withdrawn for the purpose of DNA identification testing, a previously unused and sterile needle and sterile vessel shall be used, the withdrawal shall otherwise be in strict accord with accepted medical practices and in accordance with any recognized medical procedures employing universal precautions as may be outlined by the national centers for disease control and prevention. No civil liability attaches to any person when the blood was drawn according to recognized medical procedures employing such universal precautions. No person is relieved of liability for negligence in the drawing of blood for purposes of DNA testing.

(c) The superintendent of the division shall promulgate legislative rules pursuant to chapter twenty-nine-a of this code governing the procedures to be used in the withdrawal of blood samples, submission, identification, analysis and storage of DNA samples and typing results of DNA samples submitted under this article which shall be compatible with recognized federal standards.