                                 CODE OF VIRGINIA

QUALIFICATIONS AND LIABILITY OF PERSONS AUTHORIZED TO TAKE BLOOD SAMPLES;
PROCEDURE FOR TAKING SAMPLES (§ 46.2-341.26:5)

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provided the blood was withdrawn according to recognized medical procedures.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.
		No person arrested for a violation of § 46.2-341.24 or § 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.

HISTORY: 1992, c. 830; 2004, cc. 150, 440.