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2015 SESSION

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SB 832 Blood samples; person authorized to take samples pursuant to a search warrant, immunity.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Taking blood samples pursuant to search warrant; qualified immunity. Provides that no cause of action shall lie in any court against any person authorized by law to withdraw blood pursuant to a search warrant issued in accordance with § 19.2-53 when that person is acting in accordance with such warrant, except in cases of negligence in the withdrawing of blood or willful misconduct.

SUMMARY AS INTRODUCED:

Taking blood samples pursuant to search warrant; qualified immunity. Provides that no civil liability will attach to a person authorized to withdraw blood pursuant to a search warrant if the sample is taken in accordance with recognized medical procedures and no negligence is present. The bill also designates the medical professionals who may take samples and some of the procedures that must be used in taking a sample. The bill includes a Class 3 misdemeanor for reusing single-use-only needles and mirrors language elsewhere in the Code (§ 18.2-268.5) regarding the taking of blood samples for driving under the influence.