Health, Epidemiology and Laboratory Services, Laboratory Services

Section R438-12-2

Authorized Individual - Qualifications

Notice of Proposed Rule

(Amendment)

DAR File No.: 33087
Filed: 10/22/2009 01:24:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment clarifies the intent of the rule that a training course need not be under the guidance of a physician but that the training prepares authorized individuals to function in routine clinical or emergency medical situation under the guidance of a physician.

Summary of the rule or change:

At Subsection R438-12-2(2), the phrase "under the guidance of a physician" will be eliminated. The State Motor Vehicle Code citation is changed to Subsection 41-6a-523. This change also shortens the rule title to "Rule for Law Enforcement Blood Draws".

State statutory or constitutional authorization for this rule:

• Section 41-6a-523
• Subsection 26-1-30(2)(2)

Anticipated cost or savings to:

the state budget:

There will be no impact on the state budget. This amendment does not change the state's responsibilities or workload in permitting individuals to withdraw blood for alcoholic or drug determinations when requested by a peace officer.

local governments:

There should be no impact on the local government budget. This amendment does not change the requirements for permitting individuals to withdraw blood for alcoholic or drug determinations when requested by a peace officer.

small businesses:

There is no change in cost for the permitting or training.

persons other than small businesses, businesses, or local governmental entities:

There is no change in cost for the permitting or training.

Compliance costs for affected persons:

Training is essentially a one-time requirement and applicants will still have three options to qualify. Permitting costs remain the same.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact on regulated business is expected by eliminating the requirement for physician guidance.

David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Epidemiology and Laboratory Services, Laboratory Services
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• David Mendenhall at the above address, by phone at 801-538-9370, by FAX at 801-538-9373, or by Internet E-mail at davidmendenhall@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2009

This rule may become effective on:

12/22/2009

Authorized by:

David Sundwall, Executive Director

R438. Health, Epidemiology and Laboratory Services, Laboratory Services.

R438-12. [Rules for the Authorization of Individuals Other Than Physicians, Registered Nurses, or Practical Nurses to Withdraw Blood for Alcoholic or Drug Determinations When Requested by a Peace Officer, and for Issuance of Permits to Such Individuals]Rule for Law Enforcement Blood Draws.

R438-12-2. Authorized Individual - Qualifications.

Pursuant to section 26-1-30(2)(s), individuals other than physicians, registered nurses, or practical nurses shall meet one of the following requirements as a prerequisite for authorization to withdraw blood for the purpose of determining its alcoholic or drug content when requested to do so by a peace officer:

(1) training in blood withdrawal procedures obtained as a defined part of a successfully completed college or university course taken for credit, or

(2) training in blood withdrawal procedures obtained as a defined part of a successfully completed training course which prepares individuals to function in routine clinical or emergency medical situations[ under the guidance of a physician], or

(3) training of no less than three weeks duration in blood withdrawal procedures under the guidance of a licensed physician.

 

KEY: sobriety tests

Date of Enactment or Last Substantive Amendment: [1992]2009

Notice of Continuation: May 8, 2007

Authorizing, and Implemented or Interpreted Law: [41-6-44.10(5)]41-6a-523; 26-1-30(2)(s)