                                 CODE OF VIRGINIA

QUALIFICATIONS AND LIABILITY OF PERSONS AUTHORIZED TO TAKE BLOOD SAMPLE;
PROCEDURE FOR TAKING SAMPLES (§ 18.2-268.5)

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 upon 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 or both alcohol and
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 to withdraw
blood as a result of the act of withdrawing blood as provided in this section
from any person submitting thereto, provided the blood was withdrawn according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 § 18.2-266, 18.2-266.1, or subsection B
of § 18.2-272, or a similar ordinance 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 and as a condition precedent to the withdrawal of blood
as provided for in this section.

HISTORY: 1992, c. 830; 1994, cc. 359, 363; 2004, cc. 150, 440, 1013; 2005, cc.
757, 840.