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52C OVI; Willful Misconduct: Speed 333.01
<br />(f) Forensic Laboratory Reports.
<br />(1) Subject to subsection (f)(3) of this section, in any criminal prosecution or
<br />juvenile court proceeding for a violation of subsection (a)(1)B., C., D., E.,
<br />F., G., H., I., or J. or (b)(1), (2), (3) or (4) of this section or for an
<br />equivalent offense that is substantially, equivalent to any of those
<br />subsections, a laboratory report from any laboratory personnel issued a
<br />permit by the Department of Health authorizing an analysis as described in
<br />this subsection that contains an analysis of the whole blood, blood serum or
<br />plasma, breath, urine, or other bodily substance tested and that contains all
<br />of the information specified in this subsection shall be admitted as prima-
<br />facie evidence of the information and statements that the report contains.
<br />The laboratory report shall contain all of the following:
<br />A. The signature, under oath, of any person who performed the
<br />analysis;
<br />B. Any findings as to the identity and quantity of alcohol, a drug of
<br />abuse, a controlled substance, a metabolite of a controlled
<br />substance, or a combination of them that was found;
<br />C. A copy of a notarized statement by the laboratory director or a
<br />designee of the director that contains the name of each certified
<br />analyst or test performer involved with the report, the analyst's or
<br />test performer's employment relationship with the laboratory that
<br />issued the report, and a notation that performing an analysis of the
<br />type involved is part of the analyst's or test performer's regular
<br />duties; .
<br />D. An outline of the analyst's or test performer's education, training,
<br />and experience in performing the type of analysis involved and a
<br />certification that the laboratory satisfies appropriate quality control
<br />standards in general and, in this particular analysis, under rules of
<br />the Department of Health.
<br />(2) Notwithstanding any other provision of law regarding the admission of
<br />evidence, a report of the type described in subsection (fl(1) of this section
<br />is not admissible against the iiefendant to whom it pertains in any
<br />proceeding, other than a preliminary hearing or a grand jury proceeding,
<br />unless the prosecutor has served a copy of the report on the defendant's
<br />attorney or, if the defendant has no attorney, on the defendant.
<br />(3) A report of the type described in subsection (f)(1) of this section shall not
<br />be prima-facie evidence of the contents, identity, or amount of any
<br />substance if, within seven days after the defendant to whom the report
<br />pertains or the defendant's attorney receives a copy of the report, the
<br />defendant or the defendant's attorney demands the testimony of the person
<br />who signed the report. The judge in the case may extend the seven-day
<br />time limit in the interest of justice.
<br />(g) Immunitv From Liability For Withdrawin Blood. Except as otherwise provided
<br />in this subsection, any physician, r.egistered nurse or qualified technician, chemist, or phlebotomist
<br />who withdraws blood from a person pursuant to this section, and any hospital, first-aid station,
<br />or clinic at which blood is withdrawn from a person pursuant to this section, is immune from
<br />criminal liability and civil liability based upon a claim of assault and battery or any other claim
<br />that is not a claim of malpractice, for any act performed in withdrawing blood from the person.
<br />The immunity provided in this subsection is not available to a person who withdraws blood if the
<br />person engaged in willful or wanton misconduct.
<br />2006 Replacement
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