§ 2746 — Persons qualified to administer tests

Delaware § 2746

• Jurisdiction: Delaware
• Title: 21
• Part: Registration, Title and Licenses
• Ch. 27: Driver’s License
• Subch.: Suspension and Revocation of License for Refusal to Submit to Chemical Test

Text

Only duly licensed physicians, registered nurses, licensed practical nurses or other persons trained in medically accepted procedures for the drawing of blood and employed by a hospital or other health-care facility, acting at the request of a police officer, may withdraw blood from a person submitting to a chemical test under this subchapter. This limitation shall not apply to obtaining a specimen of breath or urine as to which qualified personnel shall include a police officer as well as the above personnel. Notwithstanding any other provision of law to the contrary, it shall not be necessary in any proceeding under this Code to produce evidence that a person who has withdrawn blood from a person submitting to a chemical test under this title was qualified to do so as defined in this section. Notwithstanding any other provision of law to the contrary, it shall not be necessary to present the testimony of, or certification by, a person who has withdrawn blood from a person pursuant to this section in order to establish chain of physical custody of such evidence.

Legislative History

21 Del. C. 1953, § 2740F; 57 Del. Laws, c. 52 ; 66 Del. Laws, c. 160, § 1 ; 71 Del. Laws, c. 222, § 1