§ 50-1903. Blood tests; medical professional to withdraw blood.

(a) Only a medical professional acting at the request of a law enforcement officer may withdraw blood, subject to the provisions of this chapter, for the purpose of determining the alcohol or drug content thereof. This limitation shall not apply to the taking of breath or urine specimens.

(b) (1) Except as provided in paragraph (2) of this subsection, the following persons are immune from criminal and civil liability based upon a claim of assault and battery, or any other claim that is not a claim of malpractice, for any act performed in collecting a person’s blood:

(A) Any law enforcement officer who assists in the collection of specimens from a person pursuant to this section;

(B) Any medical professional, staff, or security personnel who collects or assists in the collection of specimens from a person pursuant to this section; and

(C) Any hospital, first-aid station, clinic, or other location where specimens are collected from a person pursuant to this section.

(2) The immunity provided in this subsection shall not apply to a person who collects or assists in the collection of specimens if that person commits gross negligence or engages in intentionally wrongful conduct.