OUIL: PERSONS ALLOWED TO CHECK BLOOD ALCOHOL CONTENT
House Bill 6133
Sponsor: Rep. Michael Switalski
Committee: Criminal Justice
Complete to 11-8-02
A SUMMARY OF HOUSE BILL 6133 AS INTRODUCED 5-28-02
Currently, under the Michigan Vehicle Code, a person who operates a vehicle on a public highway and who is suspected of driving under the influence of alcohol and/or a controlled substance (DUIL) must submit to chemical tests to determine the amount of alcohol, or presence of a controlled substance, or both, in his or her blood or urine. The act further specifies that only a licensed physician, or a qualified person delegated by a physician and operating in a medical environment, may withdraw blood to determine the presence of alcohol or a controlled substance. House Bill 6133 would amend the act to specify that a licensed nurse, acting at a police facility, could also withdraw blood when requested to do so by a peace officer to determine the presence of alcohol or a controlled substance. The current exemption from criminal or civil liability that applies to a licensed physician would also be extended to a nurse who withdrew or analyzed blood, or who assisted in the withdrawal or analysis, under these circumstances, unless the withdrawal or analysis was performed in a negligent manner.
MCL 257.625a
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.