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7 LONG TITLE
8 General Description:
9 This bill addresses provisions related to testing for law enforcement purposes.
10 Highlighted Provisions:
11 This bill:
12 ▸ outlines the circumstances under which a peace officer may obtain a blood draw;
13 and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 26-1-30, as last amended by Laws of Utah 2015, Chapter 73
22 41-6a-520, as last amended by Laws of Utah 2017, Chapter 181
23 41-6a-522, as enacted by Laws of Utah 2005, Chapter 2
24 53-3-418, as last amended by Laws of Utah 2009, Chapter 40
25 58-67-305, as last amended by Laws of Utah 2013, Chapter 262
26 58-68-305, as last amended by Laws of Utah 2013, Chapter 262
27 58-71-305, as last amended by Laws of Utah 2012, Chapter 267
28 72-10-502, as last amended by Laws of Utah 2017, Chapter 326
29 ENACTS:
30 77-23-213, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 26-1-30 is amended to read:
34 26-1-30. Powers and duties of department.
35 The department shall exercise the following powers and duties, in addition to other
36 powers and duties established in this chapter:
37 (1) enter into cooperative agreements with the Department of Environmental Quality to
38 delineate specific responsibilities to assure that assessment and management of risk to human
39 health from the environment are properly administered;
40 (2) consult with the Department of Environmental Quality and enter into cooperative
41 agreements, as needed, to ensure efficient use of resources and effective response to potential
42 health and safety threats from the environment, and to prevent gaps in protection from potential
43 risks from the environment to specific individuals or population groups;
44 (3) promote and protect the health and wellness of the people within the state;
45 (4) establish, maintain, and enforce rules necessary or desirable to carry out the
46 provisions and purposes of this title to promote and protect the public health or to prevent
47 disease and illness;
48 (5) investigate and control the causes of epidemic, infectious, communicable, and other
49 diseases affecting the public health;
50 (6) provide for the detection, reporting, prevention, and control of communicable,
51 infectious, acute, chronic, or any other disease or health hazard which the department considers
52 to be dangerous, important, or likely to affect the public health;
53 (7) collect and report information on causes of injury, sickness, death, and disability
54 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
55 the state;
56 (8) collect, prepare, publish, and disseminate information to inform the public
57 concerning the health and wellness of the population, specific hazards, and risks that may affect
58 the health and wellness of the population and specific activities which may promote and protect
59 the health and wellness of the population;
60 (9) establish and operate programs necessary or desirable for the promotion or
61 protection of the public health and the control of disease or which may be necessary to
62 ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
63 programs may not be established if adequate programs exist in the private sector;
64 (10) establish, maintain, and enforce isolation and quarantine, and for this purpose
65 only, exercise physical control over property and individuals as the department finds necessary
66 for the protection of the public health;
67 (11) close theaters, schools, and other public places and forbid gatherings of people
68 when necessary to protect the public health;
69 (12) abate nuisances when necessary to eliminate sources of filth and infectious and
70 communicable diseases affecting the public health;
71 (13) make necessary sanitary and health investigations and inspections in cooperation
72 with local health departments as to any matters affecting the public health;
73 (14) establish laboratory services necessary to support public health programs and
74 medical services in the state;
75 (15) establish and enforce standards for laboratory services which are provided by any
76 laboratory in the state when the purpose of the services is to protect the public health;
77 (16) cooperate with the Labor Commission to conduct studies of occupational health
78 hazards and occupational diseases arising in and out of employment in industry, and make
79 recommendations for elimination or reduction of the hazards;
80 (17) cooperate with the local health departments, the Department of Corrections, the
81 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
82 Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
83 convicted sexual offenders, and any victims of a sexual offense;
84 (18) investigate the causes of maternal and infant mortality;
85 (19) establish, maintain, and enforce a procedure requiring the blood of adult
86 pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
87 presence and concentration of alcohol;
88 (20) provide the Commissioner of Public Safety with monthly statistics reflecting the
89 results of the examinations provided for in Subsection (19) and provide safeguards so that
90 information derived from the examinations is not used for a purpose other than the compilation
91 of statistics authorized in this Subsection (20);
92 (21) establish qualifications for individuals permitted to draw blood pursuant to
93 Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), [
94 77-23-213(3)(a)(vi), and to issue permits to individuals it finds qualified, which permits may
95 be terminated or revoked by the department;
96 (22) establish a uniform public health program throughout the state which includes
97 continuous service, employment of qualified employees, and a basic program of disease
98 control, vital and health statistics, sanitation, public health nursing, and other preventive health
99 programs necessary or desirable for the protection of public health;
100 (23) adopt rules and enforce minimum sanitary standards for the operation and
101 maintenance of:
102 (a) orphanages;
103 (b) boarding homes;
104 (c) summer camps for children;
105 (d) lodging houses;
106 (e) hotels;
107 (f) restaurants and all other places where food is handled for commercial purposes,
108 sold, or served to the public;
109 (g) tourist and trailer camps;
110 (h) service stations;
111 (i) public conveyances and stations;
112 (j) public and private schools;
113 (k) factories;
114 (l) private sanatoria;
115 (m) barber shops;
116 (n) beauty shops;
117 (o) physician offices;
118 (p) dentist offices;
119 (q) workshops;
120 (r) industrial, labor, or construction camps;
121 (s) recreational resorts and camps;
122 (t) swimming pools, public baths, and bathing beaches;
123 (u) state, county, or municipal institutions, including hospitals and other buildings,
124 centers, and places used for public gatherings; and
125 (v) any other facilities in public buildings or on public grounds;
126 (24) conduct health planning for the state;
127 (25) monitor the costs of health care in the state and foster price competition in the
128 health care delivery system;
129 (26) adopt rules for the licensure of health facilities within the state pursuant to Title
130 26, Chapter 21, Health Care Facility Licensing and Inspection Act;
131 (27) license the provision of child care;
132 (28) accept contributions to and administer the funds contained in the Organ Donation
133 Contribution Fund created in Section 26-18b-101;
134 (29) serve as the collecting agent, on behalf of the state, for the nursing care facility
135 assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
136 and adopt rules for the enforcement and administration of the nursing facility assessment
137 consistent with the provisions of Title 26, Chapter 35a, Nursing Care Facility Assessment Act;
138 (30) establish methods or measures for health care providers, public health entities, and
139 health care insurers to coordinate among themselves to verify the identity of the individuals
140 they serve; and
141 (31) (a) designate Alzheimer's disease and related dementia as a public health issue
142 and, within budgetary limitations, implement a state plan for Alzheimer's disease and related
143 dementia by incorporating the plan into the department's strategic planning and budgetary
144 process; and
145 (b) coordinate with other state agencies and other organizations to implement the state
146 plan for Alzheimer's disease and related dementia.
147 Section 2. Section 41-6a-520 is amended to read:
148 41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of
149 tests -- Refusal -- Warning, report.
150 (1) (a) A person operating a motor vehicle in this state is considered to have given the
151 person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
152 the purpose of determining whether the person was operating or in actual physical control of a
153 motor vehicle while:
154 (i) having a blood or breath alcohol content statutorily prohibited under Section
155 41-6a-502, 41-6a-530, or 53-3-231;
156 (ii) under the influence of alcohol, any drug, or combination of alcohol and any drug
157 under Section 41-6a-502; or
158 (iii) having any measurable controlled substance or metabolite of a controlled
159 substance in the person's body in violation of Section 41-6a-517.
160 (b) A test or tests authorized under this Subsection (1) must be administered at the
161 direction of a peace officer having grounds to believe that person to have been operating or in
162 actual physical control of a motor vehicle while in violation of any provision under Subsections
163 (1)(a)(i) through (iii).
164 (c) (i) The peace officer determines which of the tests are administered and how many
165 of them are administered.
166 (ii) If a peace officer requests more than one test, refusal by a person to take one or
167 more requested tests, even though the person does submit to any other requested test or tests, is
168 a refusal under this section.
169 (d) (i) A person who has been requested under this section to submit to a chemical test
170 or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be
171 administered.
172 (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
173 not a defense to taking a test requested by a peace officer, and it is not a defense in any
174 criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
175 requested test or tests.
176 (2) (a) A peace officer requesting a test or tests shall warn a person that refusal to
177 submit to the test or tests may result in revocation of the person's license to operate a motor
178 vehicle, a five or 10 year prohibition of driving with any measurable or detectable amount of
179 alcohol in the person's body depending on the person's prior driving history, and a three-year
180 prohibition of driving without an ignition interlock device if the person:
181 (i) has been placed under arrest;
182 (ii) has then been requested by a peace officer to submit to any one or more of the
183 chemical tests under Subsection (1); and
184 (iii) refuses to submit to any chemical test requested.
185 (b) (i) Following the warning under Subsection (2)(a), if the person does not
186 immediately request that the chemical test or tests as offered by a peace officer be
187 administered, a peace officer shall, on behalf of the Driver License Division and within 24
188 hours of the arrest, give notice of the Driver License Division's intention to revoke the person's
189 privilege or license to operate a motor vehicle.
190 (ii) When a peace officer gives the notice on behalf of the Driver License Division, the
191 peace officer shall:
192 (A) take the Utah license certificate or permit, if any, of the operator;
193 (B) issue a temporary license certificate effective for only 29 days from the date of
194 arrest; and
195 (C) supply to the operator, in a manner specified by the Driver License Division, basic
196 information regarding how to obtain a hearing before the Driver License Division.
197 (c) A citation issued by a peace officer may, if provided in a manner specified by the
198 Driver License Division, also serve as the temporary license certificate.
199 (d) As a matter of procedure, the peace officer shall submit a signed report, within 10
200 calendar days after the day on which notice is provided under Subsection (2)(b), that:
201 (i) the peace officer had grounds to believe the arrested person was in violation of any
202 provision under Subsections (1)(a)(i) through (iii); and
203 (ii) the person had refused to submit to a chemical test or tests under Subsection (1).
204 (3) Upon the request of the person who was tested, the results of the test or tests shall
205 be made available to the person.
206 (4) (a) The person to be tested may, at the person's own expense, have a physician of
207 the person's own choice administer a chemical test in addition to the test or tests administered
208 at the direction of a peace officer.
209 (b) The failure or inability to obtain the additional test does not affect admissibility of
210 the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
211 test or tests to be taken at the direction of a peace officer.
212 (c) The additional test shall be subsequent to the test or tests administered at the
213 direction of a peace officer.
214 (5) For the purpose of determining whether to submit to a chemical test or tests, the
215 person to be tested does not have the right to consult an attorney or have an attorney, physician,
216 or other person present as a condition for the taking of any test.
217 (6) Notwithstanding the provisions in this section, a blood test taken under this section
218 is subject to Section 77-23-213.
219 Section 3. Section 41-6a-522 is amended to read:
220 41-6a-522. Person incapable of refusal.
221 [
222 or in any other condition rendering the person incapable of refusal to submit to any chemical
223 test or tests is considered to not have withdrawn the consent provided for in Subsection
224 41-6a-520(1), and the test or tests may be administered whether the person has been arrested or
225 not.
226 Section 4. Section 53-3-418 is amended to read:
227 53-3-418. Prohibited alcohol level for drivers -- Procedures, including hearing.
228 (1) A person who holds or is required to hold a CDL may not drive a commercial
229 motor vehicle in this state if the person:
230 (a) has sufficient alcohol in the person's body that a subsequent chemical test shows
231 that the person has a blood or breath alcohol concentration of .04 grams or greater at the time
232 of the test after the alleged driving of the commercial motor vehicle;
233 (b) is under the influence of alcohol, any drug, or the combined influence of alcohol
234 and any drug to degree that renders the person incapable of safely driving a commercial motor
235 vehicle; or
236 (c) has a blood or breath alcohol concentration of .04 grams or greater at the time of
237 driving the commercial motor vehicle.
238 (2) A person who holds or is required to hold a CDL and who drives a commercial
239 motor vehicle in this state is considered to have given the person's consent to a test or tests of
240 the person's blood, breath, or urine to determine the concentration of alcohol or the presence of
241 other drugs in the person's physical system.
242 (3) If a peace officer or port-of-entry agent has reasonable cause to believe that a
243 person may be violating this section, the peace officer or port-of-entry agent may request the
244 person to submit to a chemical test to be administered in compliance with Section 41-6a-515.
245 (4) When a peace officer or port-of-entry agent requests a person to submit to a test
246 under this section, the peace officer or port-of-entry agent shall advise the person that test
247 results indicating [
248 refusal to submit to any test requested will result in the person's disqualification under Section
249 53-3-414 from driving a commercial motor vehicle.
250 (5) If test results under this section indicate [
251
252 requested under this section, a peace officer or port-of-entry agent shall, on behalf of the
253 division and within 24 hours of the arrest, give the person notice of the division's intention to
254 disqualify the person's privilege to drive a commercial motor vehicle.
255 (6) When a peace officer or port-of-entry agent gives notice under Subsection (5), the
256 peace officer or port-of-entry agent shall:
257 (a) take any Utah license certificate or permit held by the driver;
258 (b) issue to the driver a temporary license certificate effective for 29 days from the date
259 of arrest;
260 (c) provide the driver, in a manner specified by the division, basic information
261 regarding how to obtain a prompt hearing before the division; and
262 (d) issue a 24-hour out-of-service order.
263 (7) A notice of disqualification issued under Subsection (6) may serve also as the
264 temporary license certificate under [
265 specified by the division.
266 (8) As a matter of procedure, a peace officer or port-of-entry agent shall, within 10
267 calendar days after the day on which notice is provided, send to the division the person's
268 license certificate, a copy of the notice, and a report signed by the peace officer or port-of-entry
269 agent that indicates the results of any chemical test administered or that the person refused a
270 test.
271 (9) (a) A person disqualified under this section has the right to a hearing regarding the
272 disqualification.
273 (b) The request for the hearing shall be submitted to the division in a manner specified
274 by the division and shall be made within 10 calendar days of the date the notice was issued. If
275 requested, the hearing shall be conducted within 29 days after the date of arrest.
276 (10) (a) (i) Except as provided in Subsection (10)(a)(ii), a hearing held under this
277 section shall be held before the division and in:
278 (A) the county where the notice was issued; or
279 (B) a county that is adjacent to the county where the notice was issued.
280 (ii) The division may hold a hearing in some other county if the division and the person
281 both agree.
282 (b) The hearing shall be documented and shall determine:
283 (i) whether the peace officer or port-of-entry agent had reasonable grounds to believe
284 the person had been driving a motor vehicle in violation of this section;
285 (ii) whether the person refused to submit to any requested test; and
286 (iii) any test results obtained.
287 (c) In connection with a hearing the division or its authorized agent may administer
288 oaths and may issue subpoenas for the attendance of witnesses and the production of relevant
289 books and documents.
290 (d) One or more members of the division may conduct the hearing.
291 (e) A decision made after a hearing before any number of members of the division is as
292 valid as if the hearing were held before the full membership of the division.
293 (f) After a hearing under this section the division shall indicate by order if the person's
294 CDL is disqualified.
295 (g) If the person for whom the hearing is held fails to appear before the division as
296 required in the notice, the division shall indicate by order if the person's CDL is disqualified.
297 (11) (a) If the division disqualifies a person under this section following an
298 administrative hearing, the person may petition for a hearing under Section 53-3-224.
299 (b) The petition shall be filed within 30 days after the division issues the
300 disqualification.
301 (12) (a) A person who violates this section shall be punished in accordance with
302 Section 53-3-414.
303 (b) (i) In accordance with Section 53-3-414, the first disqualification under this section
304 shall be for one year, and a second disqualification shall be for life.
305 (ii) A disqualification under Section 53-3-414 begins on the 30th day after the date of
306 arrest.
307 (13) (a) In addition to the fees imposed under Section 53-3-205 for reinstatement of a
308 CDL, a fee under Section 53-3-105 to cover administrative costs shall be paid before the
309 driving privilege is reinstated.
310 (b) The fees under Sections 53-3-105 and 53-3-205 shall be canceled if an unappealed
311 hearing at the division or court level determines the disqualification was not proper.
312 (14) Notwithstanding the provisions of this section, a blood test taken under this
313 section is subject to Section 77-23-213.
314 Section 5. Section 58-67-305 is amended to read:
315 58-67-305. Exemptions from licensure.
316 In addition to the exemptions from licensure in Section 58-1-307, the following
317 individuals may engage in the described acts or practices without being licensed under this
318 chapter:
319 (1) an individual rendering aid in an emergency, when no fee or other consideration of
320 value for the service is charged, received, expected, or contemplated;
321 (2) an individual administering a domestic or family remedy;
322 (3) (a) (i) a person engaged in the sale of vitamins, health foods, dietary supplements,
323 herbs, or other products of nature, the sale of which is not otherwise prohibited by state or
324 federal law; and
325 (ii) a person acting in good faith for religious reasons, as a matter of conscience, or
326 based on a personal belief, when obtaining or providing any information regarding health care
327 and the use of any product under Subsection (3)(a)(i); and
328 (b) Subsection (3)(a) does not:
329 (i) allow a person to diagnose any human disease, ailment, injury, infirmity, deformity,
330 pain, or other condition; or
331 (ii) prohibit providing truthful and non-misleading information regarding any of the
332 products under Subsection (3)(a)(i);
333 (4) a person engaged in good faith in the practice of the religious tenets of any church
334 or religious belief, without the use of prescription drugs;
335 (5) an individual authorized by the Department of Health under Section 26-1-30, to
336 draw blood pursuant to Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), [
337 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi);
338 (6) a medical assistant while working under the indirect supervision of a licensed
339 physician and surgeon, to the extent the medical assistant:
340 (a) is engaged in tasks appropriately delegated by the supervisor in accordance with the
341 standards and ethics of the practice of medicine;
342 (b) does not perform surgical procedures;
343 (c) does not prescribe prescription medications;
344 (d) does not administer anesthesia, anesthesia does not mean a local anesthetic for
345 minor procedural use; and
346 (e) does not engage in other medical practices or procedures as defined by division rule
347 in collaboration with the board;
348 (7) an individual engaging in the practice of medicine when:
349 (a) the individual is licensed in good standing as a physician in another state with no
350 licensing action pending and no less than 10 years of professional experience;
351 (b) the services are rendered as a public service and for a noncommercial purpose;
352 (c) no fee or other consideration of value is charged, received, expected, or
353 contemplated for the services rendered beyond an amount necessary to cover the proportionate
354 cost of malpractice insurance; and
355 (d) the individual does not otherwise engage in unlawful or unprofessional conduct;
356 (8) an individual providing expert testimony in a legal proceeding; and
357 (9) an individual who is invited by a school, association, society, or other body
358 approved by the division to conduct a clinic or demonstration of the practice of medicine in
359 which patients are treated, if:
360 (a) the individual does not establish a place of business in this state;
361 (b) the individual does not regularly engage in the practice of medicine in this state;
362 (c) the individual holds a current license in good standing to practice medicine issued
363 by another state, district or territory of the United States, or Canada;
364 (d) the primary purpose of the event is the training of others in the practice of
365 medicine; and
366 (e) neither the patient nor an insurer is billed for the services performed.
367 Section 6. Section 58-68-305 is amended to read:
368 58-68-305. Exemptions from licensure.
369 In addition to the exemptions from licensure in Section 58-1-307, the following
370 individuals may engage in the described acts or practices without being licensed under this
371 chapter:
372 (1) an individual rendering aid in an emergency, when no fee or other consideration of
373 value for the service is charged, received, expected, or contemplated;
374 (2) an individual administering a domestic or family remedy;
375 (3) (a) (i) a person engaged in the lawful sale of vitamins, health foods, dietary
376 supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited
377 by state or federal law; and
378 (ii) a person acting in good faith for religious reasons, as a matter of conscience, or
379 based on a personal belief, when obtaining or providing any information regarding health care
380 and the use of any product under Subsection (3)(a)(i); and
381 (b) Subsection (3)(a) does not:
382 (i) permit a person to diagnose any human disease, ailment, injury, infirmity,
383 deformity, pain, or other condition; or
384 (ii) prohibit providing truthful and non-misleading information regarding any of the
385 products under Subsection (3)(a)(i);
386 (4) a person engaged in good faith in the practice of the religious tenets of any church
387 or religious belief without the use of prescription drugs;
388 (5) an individual authorized by the Department of Health under Section 26-1-30, to
389 draw blood pursuant to Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), [
390 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi);
391 (6) a medical assistant while working under the indirect supervision of a licensed
392 osteopathic physician, to the extent the medical assistant:
393 (a) is engaged in tasks appropriately delegated by the supervisor in accordance with the
394 standards and ethics of the practice of medicine;
395 (b) does not perform surgical procedures;
396 (c) does not prescribe prescription medications;
397 (d) does not administer anesthesia, anesthesia does not mean a local anesthetic for
398 minor procedural use; and
399 (e) does not engage in other medical practices or procedures as defined by division rule
400 in collaboration with the board;
401 (7) an individual engaging in the practice of osteopathic medicine when:
402 (a) the individual is licensed in good standing as an osteopathic physician in another
403 state with no licensing action pending and no less than 10 years of professional experience;
404 (b) the services are rendered as a public service and for a noncommercial purpose;
405 (c) no fee or other consideration of value is charged, received, expected, or
406 contemplated for the services rendered beyond an amount necessary to cover the proportionate
407 cost of malpractice insurance; and
408 (d) the individual does not otherwise engage in unlawful or unprofessional conduct;
409 (8) an individual providing expert testimony in a legal proceeding; and
410 (9) an individual who is invited by a school, association, society, or other body
411 approved by the division in collaboration with the board to conduct a clinic or demonstration of
412 the practice of medicine in which patients are treated, if:
413 (a) the individual does not establish a place of business in this state;
414 (b) the individual does not regularly engage in the practice of medicine in this state;
415 (c) the individual holds a current license in good standing to practice medicine issued
416 by another state, district or territory of the United States, or Canada;
417 (d) the primary purpose of the event is the training of others in the practice of
418 medicine; and
419 (e) neither the patient nor an insurer is billed for the services performed.
420 Section 7. Section 58-71-305 is amended to read:
421 58-71-305. Exemptions from licensure.
422 In addition to the exemptions from licensure in Section 58-1-307, the following
423 individuals may engage in the described acts or practices without being licensed under this
424 chapter:
425 (1) an individual rendering aid in an emergency, when no fee or other consideration of
426 value for the service is charged, received, expected, or contemplated;
427 (2) an individual administering a domestic or family remedy;
428 (3) a person engaged in the sale of vitamins, health foods, dietary supplements, herbs,
429 or other products of nature, the sale of which is not otherwise prohibited under state or federal
430 law, but this subsection does not:
431 (a) allow a person to diagnose any human disease, ailment, injury, infirmity, deformity,
432 pain, or other condition; or
433 (b) prohibit providing truthful and nonmisleading information regarding any of the
434 products under this subsection;
435 (4) a person engaged in good faith in the practice of the religious tenets of any church
436 or religious belief, without the use of prescription drugs;
437 (5) a person acting in good faith for religious reasons as a matter of conscience or
438 based on a personal belief when obtaining or providing information regarding health care and
439 the use of any product under Subsection (3);
440 (6) an individual authorized by the Department of Health under Section 26-1-30, to
441 draw blood pursuant to Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), [
442 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi);
443 (7) a naturopathic medical assistant while working under the direct and immediate
444 supervision of a licensed naturopathic physician to the extent the medical assistant is engaged
445 in tasks appropriately delegated by the supervisor in accordance with the standards and ethics
446 of the practice of naturopathic medicine; and
447 (8) an individual who has completed all requirements for licensure under this chapter
448 except the clinical experience required under Section 58-71-302, for a period of one year while
449 that individual is completing that clinical experience requirement and who is working under the
450 provisions of a temporary license issued by the division.
451 Section 8. Section 72-10-502 is amended to read:
452 72-10-502. Implied consent to chemical tests for alcohol or drugs -- Number of
453 tests -- Refusal -- Person incapable of refusal -- Results of test available -- Who may give
454 test -- Evidence -- Immunity from liability.
455 (1) (a) A person operating an aircraft in this state consents to a chemical test or tests of
456 the person's breath, blood, urine, or oral fluids:
457 (i) for the purpose of determining whether the person was operating or in actual
458 physical control of an aircraft while having a blood or breath alcohol content statutorily
459 prohibited under Section 72-10-501, or while under the influence of alcohol, any drug, or
460 combination of alcohol and any drug under Section 72-10-501, if the test is or tests are
461 administered at the direction of a peace officer having grounds to believe that person to have
462 been operating or in actual physical control of an aircraft in violation of Section 72-10-501; or
463 (ii) if the person operating the aircraft is involved in an accident that results in death,
464 serious injury, or substantial aircraft damage.
465 (b) (i) The peace officer determines which of the tests are administered and how many
466 of them are administered.
467 (ii) The peace officer may order any or all tests of the person's breath, blood, urine, or
468 oral fluids.
469 (iii) If an officer requests more than one test, refusal by a person to take one or more
470 requested tests, even though the person does submit to any other requested test or tests, is a
471 refusal under this section.
472 (c) (i) A person who has been requested under this section to submit to a chemical test
473 or tests of the person's breath, blood, urine, or oral fluids may not select the test or tests to be
474 administered.
475 (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
476 not a defense to taking a test requested by a peace officer, and it is not a defense in any
477 criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
478 requested test or tests.
479 (2) (a) If the person has been placed under arrest and has then been requested by a
480 peace officer to submit to any one or more of the chemical tests provided in Subsection (1) and
481 refuses to submit to any chemical test, the person shall be warned by the peace officer
482 requesting the test that a refusal to submit to the test is admissible in civil or criminal
483 proceedings as provided under Subsection (8).
484 (b) Following this warning, unless the person immediately requests that the chemical
485 test offered by a peace officer be administered, a test may not be given.
486 (3) [
487 person incapable of refusal to submit to any chemical test or tests is considered to not have
488 withdrawn the consent provided for in Subsection (1), and the test or tests may be administered
489 whether the person has been arrested or not.
490 (4) Upon the request of the person who was tested, the results of the test or tests shall
491 be made available to that person.
492 (5) (a) Only the following, acting at the request of a peace officer, may draw blood to
493 determine its alcohol or drug content:
494 (i) a physician;
495 (ii) a registered nurse;
496 (iii) a licensed practical nurse;
497 (iv) a paramedic;
498 (v) as provided in Subsection (5)(b), emergency medical service personnel other than
499 paramedics; or
500 (vi) a person with a valid permit issued by the Department of Health under Section
501 26-1-30.
502 (b) The Department of Health may designate by rule, in accordance with Title 63G,
503 Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel,
504 as defined in Section 26-8a-102, are authorized to draw blood under Subsection (5)(a)(v),
505 based on the type of license under Section 26-8a-302.
506 (c) Subsection (5)(a) does not apply to taking a urine, breath, or oral fluid specimen.
507 (d) The following are immune from civil or criminal liability arising from drawing a
508 blood sample from a person who a peace officer has reason to believe is flying in violation of
509 this chapter if the sample is drawn in accordance with standard medical practice:
510 (i) a person authorized to draw blood under Subsection (5)(a); and
511 (ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
512 (6) (a) The person to be tested may, at the person's own expense, have a physician of
513 the person's own choice administer a chemical test in addition to the test or tests administered
514 at the direction of a peace officer.
515 (b) The failure or inability to obtain the additional test does not affect admissibility of
516 the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
517 test or tests to be taken at the direction of a peace officer.
518 (c) The additional test shall be subsequent to the test or tests administered at the
519 direction of a peace officer.
520 (7) For the purpose of determining whether to submit to a chemical test or tests, the
521 person to be tested does not have the right to consult an attorney or have an attorney, physician,
522 or other person present as a condition for the taking of any test.
523 (8) If a person under arrest refuses to submit to a chemical test or tests or any
524 additional test under this section, evidence of any refusal is admissible in any civil or criminal
525 action or proceeding arising out of acts alleged to have been committed while the person was
526 operating or in actual physical control of an aircraft while under the influence of alcohol, any
527 drug, or combination of alcohol and any drug.
528 (9) The results of any test taken under this section or the refusal to be tested shall be
529 reported to the Federal Aviation Administration by the peace officer requesting the test.
530 (10) Notwithstanding the provisions of this section, a blood test taken under this
531 section is subject to Section 77-23-213.
532 Section 9. Section 77-23-213 is enacted to read:
533 77-23-213. Blood testing.
534 (1) As used in this section:
535 (a) "Law enforcement purpose" means duties that consist primarily of the prevention
536 and detection of crime and the enforcement of criminal statutes or ordinances of this state or
537 any of this state's political subdivisions.
538 (b) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace
539 Officer Classification.
540 (2) A peace officer may require an individual to submit to a blood test for a law
541 enforcement purpose only if:
542 (a) the individual or legal representative of the individual with authority to give
543 consent gives oral or written consent to the blood test;
544 (b) the peace officer obtains a warrant to administer the blood test; or
545 (c) a judicially recognized exception to obtaining a warrant exists as established by the
546 Utah Court of Appeals, Utah Supreme Court, Court of Appeals of the Tenth Circuit, or the
547 Supreme Court of the United States.
548 (3) (a) Only the following, acting at the request of a peace officer, may draw blood to
549 determine the blood's alcohol or drug content:
550 (i) a physician;
551 (ii) a registered nurse;
552 (iii) a licensed practical nurse;
553 (iv) a paramedic;
554 (v) as provided in Subsection (3)(b), emergency medical service personnel other than a
555 paramedic; or
556 (vi) a person with a valid permit issued by the Department of Health under Section
557 26-1-30.
558 (b) The Department of Health may designate by rule, in accordance with Title 63G,
559 Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel,
560 as defined in Section 26-8a-102, are authorized to draw blood under Subsection (3)(a)(v),
561 based on the type of license under Section 26-8a-302.
562 (c) The following are immune from civil or criminal liability arising from drawing a
563 blood sample from a person who a peace officer requests, for law enforcement purposes, if the
564 sample is drawn in accordance with standard medical practice:
565 (i) a person authorized to draw blood under Subsection (3)(a); and
566 (ii) if the blood is drawn at a hospital or other medical facility, the medical facility.