{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.26_5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.26_5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.26_5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.26_5.html"}],"law_id":72166,"edition_id":1,"section_id":72166,"structure_id":13626,"section_number":"46.2-341.26:5","catch_line":"Qualifications and liability of persons authorized to take blood samples; procedure for taking samples","history":"1992, c. 830; 2004, cc. 150, 440.","full_text":"For purposes of this article, only a physician, registered nurse, licensed practical nurse, phlebotomist, graduate laboratory technician or a technician or nurse designated by order of a circuit court acting on the recommendation of a licensed physician, using soap and water, polyvinylpyrrolidone iodine, pvp iodine, povidone iodine or benzalkonium chloride to cleanse the part of the body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall withdraw blood for the purpose of determining its alcohol or drug content. It is a Class 3 misdemeanor to reuse single-use-only needles or syringes. No civil liability shall attach to any person authorized by this section to withdraw blood as a result of the act of withdrawing blood from any person submitting thereto, provided the blood was withdrawn according to recognized medical procedures. However, the person shall not be relieved from liability for negligence in the withdrawing of any blood sample.\n\t\tNo person arrested for a violation of \u00a7 46.2-341.24 or \u00a7 46.2-341.31 shall be required to execute in favor of any person or corporation a waiver or release of liability in connection with the withdrawal of blood or as a condition precedent to the withdrawal of blood as provided for in this section.","order_by":null,"text":{"0":{"id":259983,"text":"For purposes of this article, only a physician, registered nurse, licensed practical nurse, phlebotomist, graduate laboratory technician or a technician or nurse designated by order of a circuit court acting on the recommendation of a licensed physician, using soap and water, polyvinylpyrrolidone iodine, pvp iodine, povidone iodine or benzalkonium chloride to cleanse the part of the body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall withdraw blood for the purpose of determining its alcohol or drug content. It is a Class 3 misdemeanor to reuse single-use-only needles or syringes. No civil liability shall attach to any person authorized by this section to withdraw blood as a result of the act of withdrawing blood from any person submitting thereto, provided the blood was withdrawn according to recognized medical procedures. However, the person shall not be relieved from liability for negligence in the withdrawing of any blood sample.\n\t\tNo person arrested for a violation of \u00a7 46.2-341.24 or \u00a7 46.2-341.31 shall be required to execute in favor of any person or corporation a waiver or release of liability in connection with the withdrawal of blood or as a condition precedent to the withdrawal of blood as provided for in this section.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13626,"edition_id":1,"name":"Commercial Driver's Licenses","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":226575,"object_type":"structure","relational_id":13626,"identifier":"6.1","token":"46.2\/II\/3\/6.1","url":"\/46.2\/II\/3\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62139,"structure_id":13626,"section_number":"46.2-341.1","catch_line":"Title","url":"\/46.2-341.1\/","token":"46.2\/II\/3\/6.1\/46.2-341.1","metadata":false},{"id":86072,"structure_id":13626,"section_number":"46.2-341.10","catch_line":"Special provisions relating to commercial learner's permit","url":"\/46.2-341.10\/","token":"46.2\/II\/3\/6.1\/46.2-341.10","metadata":false},{"id":55427,"structure_id":13626,"section_number":"46.2-341.10:1","catch_line":"Seasonal restricted commercial drivers' licenses","url":"\/46.2-341.10_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.10_1","metadata":false},{"id":80884,"structure_id":13626,"section_number":"46.2-341.11","catch_line":"Commercial drivers required to notify the Department of change of address","url":"\/46.2-341.11\/","token":"46.2\/II\/3\/6.1\/46.2-341.11","metadata":false},{"id":72843,"structure_id":13626,"section_number":"46.2-341.12","catch_line":"Application for commercial driver's license or commercial learner's permit","url":"\/46.2-341.12\/","token":"46.2\/II\/3\/6.1\/46.2-341.12","metadata":false},{"id":69557,"structure_id":13626,"section_number":"46.2-341.13","catch_line":"Disposition of fees","url":"\/46.2-341.13\/","token":"46.2\/II\/3\/6.1\/46.2-341.13","metadata":false},{"id":56197,"structure_id":13626,"section_number":"46.2-341.14","catch_line":"Testing requirements for commercial driver's license; 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sanctions for refusal; procedures","url":"\/46.2-341.26_4\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_4","metadata":false},"next_section":{"id":72740,"structure_id":13626,"section_number":"46.2-341.26:6","catch_line":"Transmission of blood samples","url":"\/46.2-341.26_6\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.26:5\/","history_text":"<p>This law was first created in 1992. The record of its establishment is cataloged in chapter 830 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2004, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0150\">150<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0440\">440<\/a>.<\/p>","references":[{"id":72740,"section_number":"46.2-341.26:6","catch_line":"Transmission of blood samples","order_by":null,"url":"\/46.2-341.26_6\/"},{"id":86700,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","order_by":null,"url":"\/46.2-341.27\/"}],"refers_to":[{"id":67312,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.24\/"},{"id":78117,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","order_by":null,"url":"\/46.2-341.31\/"}],"permalink":{"id":226773,"object_type":"law","relational_id":72166,"identifier":"46.2-341.26:5","token":"46.2\/II\/3\/6.1\/46.2-341.26_5","url":"\/46.2-341.26_5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.26_5\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_5","dublin_core":{"Title":"Qualifications and liability of persons authorized to take blood samples; procedure for taking samples","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.26:5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>For purposes of this article, only a physician, registered nurse, licensed practical nurse, phlebotomist, graduate laboratory technician or a technician or nurse designated by <span class=\"dictionary\">order<\/span> of a <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> acting on the recommendation of a licensed physician, using soap and water, polyvinylpyrrolidone iodine, pvp iodine, povidone iodine or benzalkonium chloride to cleanse the part of the body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall withdraw blood for the purpose of determining its alcohol or drug content. It is a Class 3 <span class=\"dictionary\">misdemeanor<\/span> to reuse single-use-only needles or syringes. No civil liability shall attach to any <span class=\"dictionary\">person<\/span> authorized by this section to withdraw blood as a result of the act of withdrawing blood from any <span class=\"dictionary\">person<\/span> submitting thereto, provided the blood was withdrawn according to recognized medical procedures. However, the <span class=\"dictionary\">person<\/span> shall not be relieved from liability for <span class=\"dictionary\">negligence<\/span> in the withdrawing of any blood sample.\n\t\tNo <span class=\"dictionary\">person<\/span> arrested for a violation of \u00a7&nbsp;<a class=\"law\" title=\"Driving a commercial motor vehicle while intoxicated, etc\" href=\"\/46.2-341.24\/\">46.2-341.24<\/a> or \u00a7&nbsp;<a class=\"law\" title=\"Driving commercial motor vehicle with any alcohol in blood\" href=\"\/46.2-341.31\/\">46.2-341.31<\/a> shall be required to execute in favor of any <span class=\"dictionary\">person<\/span> or corporation a <span class=\"dictionary\">waiver<\/span> or release of liability in connection with the withdrawal of blood or as a condition <span class=\"dictionary\">precedent<\/span> to the withdrawal of blood as provided for in this section.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nQUALIFICATIONS AND LIABILITY OF PERSONS AUTHORIZED TO TAKE BLOOD SAMPLES;\nPROCEDURE FOR TAKING SAMPLES (\u00a7 46.2-341.26:5)\n\nFor purposes of this article, only a physician, registered nurse, licensed\npractical nurse, phlebotomist, graduate laboratory technician or a technician or\nnurse designated by order of a circuit court acting on the recommendation of a\nlicensed physician, using soap and water, polyvinylpyrrolidone iodine, pvp\niodine, povidone iodine or benzalkonium chloride to cleanse the part of the body\nfrom which the blood is taken and using instruments sterilized by the accepted\nsteam sterilizer or some other sterilizer which will not affect the accuracy of\nthe test, or using chemically clean sterile disposable syringes, shall withdraw\nblood for the purpose of determining its alcohol or drug content. It is a Class\n3 misdemeanor to reuse single-use-only needles or syringes. No civil liability\nshall attach to any person authorized by this section to withdraw blood as a\nresult of the act of withdrawing blood from any person submitting thereto,\nprovided the blood was withdrawn according to recognized medical procedures.\nHowever, the person shall not be relieved from liability for negligence in the\nwithdrawing of any blood sample.\n\t\tNo person arrested for a violation of \u00a7 46.2-341.24 or \u00a7 46.2-341.31 shall\nbe required to execute in favor of any person or corporation a waiver or release\nof liability in connection with the withdrawal of blood or as a condition\nprecedent to the withdrawal of blood as provided for in this section.\n\nHISTORY: 1992, c. 830; 2004, cc. 150, 440.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}