2011 South Dakota Code
Title 42 RECREATION AND SPORTS
Chapter 08. Watercraft
§42-8-45.7 Persons authorized to take breath or other bodily substance specimen--Liability.


SD Codified L § 42-8-45.7 (through 2011) What's This?

42-8-45.7. Persons authorized to take breath or other bodily substance specimen--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. This limitation does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons, acting on the consent considered to have been given by the person when operating a boat while underway, and any hospital employing such persons, are not liable and may not be held to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care.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 1992, ch 306, § 9.

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