Relating to the admissibility of the results of an analysis of a person’s blood, breath, or urine in criminal and administrative proceedings

This bill authorizes the results of an analysis of a person’s blood, breath, or urine (specimen) to be used as evidence in a criminal proceeding for operating a motor vehicle, motorboat, or sailboat while intoxicated (OWI), homicide or serious injury by vehicle involving OWI, and unintentional termination of a human pregnancy as a result of injury by vehicle involving OWI. The specimen must be collected for the purpose of rendering medical treatment. The specimen must be collected by a licensed physician, licensed physician assistant, medical technologist, or registered nurse (medical professional). The test results are admissible in a criminal proceeding when a specimen is collected from a person who operated a motor vehicle, motorboat, or sailboat and was involved in an accident or collision and who is transported to a medical facility within or outside Iowa.6 or the person refused a chemical test, the bill authorizes the admissibility of the evidence if probable cause existed that the specimen would produce evidence of intoxication and the method used to collect the specimen sample was reasonable. The bill requires a medical professional to disclose the results of an analysis of a specimen to a prosecuting attorney in Iowa who requests the results for use in a criminal proceeding and to a prosecuting attorney in another state under certain circumstances set forth in the bill. The bill authorizes the use of the results as evidence regardless of the time when the related medical records were prepared or the specimen was collected. The bill makes inapplicable any confidentiality provisions pertaining to medical records and medical treatment related to the analysis of chemical tests performed. The bill limits the liability of a person for civil damages who discloses or uses the results of analysis of a specimen as evidence. The bill specifies that for the purpose of providing foundation for evidence, an employee of a medical laboratory is presumed to be qualified to analyze and identify a specimen when done by the employee in the normal course of employment at the medical laboratory, if the laboratory is accredited at the time of the analysis. The bill authorizes a report or other findings of an employee of a medical laboratory to be received as evidence in any proceeding in place of in-person testimony. However, a person may request that an employee of a medical facility be present to testify by notifying the county attorney, or in the case of an administrative proceeding, the agency or department, at least days prior to the proceeding. A person in any other civil proceeding may request an employee to testify in person by subpoena.