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§ 42-8-45.7 Persons authorized to take breath or other bodily substance specimen--Liability.

SD Codified L § 42-8-45.7 (2019) (N/A)
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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 of the blood. This limitation does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons, acting on the presumption of consent in § 42-8-45.6, and any hospital or facility employing such persons, are not liable and may not be held to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care. No person authorized to withdraw blood under this section may be required or forced to withdraw blood for the purposes provided in this chapter, unless required pursuant to a written agreement.

Source: SL 1992, ch 306, § 9; SL 2012, ch 208, § 9.

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