Blood alcohol content tests, how made, by whom, when — person tested to receive certain information, when.

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Effective - 28 Aug 2018, 3 histories

577.029. Blood alcohol content tests, how made, by whom, when — person tested to receive certain information, when. — A licensed physician, registered nurse, phlebotomist, or trained medical technician, acting at the request and direction of the law enforcement officer under section 577.020, shall, with the consent of the patient or a warrant issued by a court of competent jurisdiction, withdraw blood for the purpose of determining the alcohol content of the blood, unless such medical personnel, in his or her good faith medical judgment, believes such procedure would endanger the life or health of the person in custody. Blood may be withdrawn only by such medical personnel, but such restriction shall not apply to the taking of a breath test, a saliva specimen, or a urine specimen. In withdrawing blood for the purpose of determining the alcohol content thereof, only a previously unused and sterile needle and sterile vessel shall be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. Upon the request of the person who is tested, full information concerning the test taken at the direction of the law enforcement officer shall be made available to him or her.

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(L. 1982 S.B. 513, A.L. 2007 H.B. 574, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491, A.L. 2018 S.B. 870 merged with S.B. 951)


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