§ 31-13-04 — DNA testing - Procedure - Immunity

1. Samples of blood or other body fluids for DNA testing may be obtained in a medically
approved manner by a physician, registered nurse, licensed practical nurse,
phlebotomist, or medical technologist, and packaged and submitted in kits approved or
provided by the laboratory and in accordance with rules adopted by the laboratory.
2. Samples of saliva for DNA testing may be obtained by a licensed peace officer or a
correctional officer, and packaged and submitted in kits approved or provided by the
laboratory and in accordance with rules adopted by the laboratory. Samples may be
collected and submitted by personnel from an agency outside the state with approval
of the laboratory.
3. Civil or criminal liability may not attach to any individual authorized to draw or obtain a
sample of blood or other body fluids from any individual for DNA testing if the sample
of blood or other body fluids was drawn or obtained according to sampling techniques
approved by the laboratory.