32-12A-45 — Persons authorized to withdraw blood to determine alcohol content--Liability.
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32-12A-45.
Persons authorized to withdraw blood to determine alcohol content--Liability.
Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist,
expanded role licensed practical nurse, medical technician, or medical technologist may withdraw
blood for the purpose of determining the alcoholic content therein for the purposes of this chapter.
This limitation does not apply to the taking of a breath or other bodily substance specimen. No such
authorized person, acting on the presumption of consent, and no hospital employing such person,
may be held liable to pay damages to the party from whom the blood sample is withdrawn, if the
withdrawal is administered with usual and ordinary care.
Source: SL 1991, ch 252, § 15; SDCL § 32-12-110.2; SL 2001, ch 171, § 115.