§ 32:664 — Persons authorized to administer test

Louisiana § 32:664

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§664. Persons authorized to administer test
A. When a person submits to a blood test at the request of a law enforcement officer
under the provisions of this Part, only a physician, physician assistant, registered nurse,
licensed practical nurse, emergency medical technician, chemist, nurse practitioner, or other
qualified technician may withdraw blood for the purpose of determining the alcoholic content
or presence of any drug, or combination of drugs, therein. No law enforcement officer who
is not otherwise qualified as a physician, physician assistant, registered nurse, licensed
practical nurse, emergency medical technician, chemist, nurse practitioner, or other qualified
technician may withdraw blood for the purpose of determining, or of having determined, the
alcoholic content or presence of any drug, or combination of drugs, therein. This limitation
shall not apply to the taking of breath specimens. Only procedures approved and promulgated
by the Department of Public Safety and Corrections may be used in the analysis of blood,
urine, breath, or other bodily substance.
B. After submitting to the chemical test, the person tested may have a physician,
physician assistant, chemist, registered nurse, licensed practical nurse, emergency medical
technician, nurse practitioner, or other qualified technician of his own choosing administer
a chemical test or tests in addition to any administered at the direction of a law enforcement
officer. The cost of any such additional test shall be at the expense of the tested person.
After being advised of this right as provided in R.S. 32:661(C), he shall be given the
opportunity to telephone and request a qualified person to administer such test. The failure
or inability of the person to obtain an additional test shall not preclude the admission of
evidence relating to the test or tests taken at the direction of a law enforcement officer, unless
the person was denied rights guaranteed to him by law.
C. No person who administers any such test upon the request of a law enforcement
officer as herein defined, no hospital in or with which such person is employed or otherwise
associated or in which such test is administered, and no other person, firm, or corporation by
whom or which such person is employed or is in any way associated, shall be in any wise
criminally liable for the administration of such test, or civilly liable in damages to the person
tested.
D. Repealed by Acts 2022, No. 393, §1.

Legislative History

Added by Acts 1968, No. 273, §14. Amended by Acts 1972, No. 534, §1; Acts 1986, No. 263, §1; Acts 1987, No. 338, §1; Acts 1987, No. 767, §1; Acts 1990, No. 68, §1; Acts 1999, No. 888, §1; Acts 1999, No. 1212, §1; Acts 2007, No. 96, §1; Acts 2014, No. 551, §1; Acts 2022, No. 393, §1; Acts 2024, No. 662, §2.