§ 29-4107 — DNA samples; persons authorized to obtain samples; immunity

Nebraska § 29-4107

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

(1) Only individuals (a) who are
physicians or registered nurses, (b) who are trained to withdraw human blood
for scientific or medical purposes and are obtaining blood specimens while
working under orders of or protocols and procedures approved by a physician,
registered nurse, or other independent health care practitioner licensed to
practice by the state if the scope of practice of that practitioner permits
the practitioner to obtain blood specimens, or (c) who are both employed by
a licensed institution or facility and have been trained to withdraw human
blood for scientific or medical purposes shall withdraw blood for a DNA blood
sample under the DNA Identification Information Act. Withdrawal of blood shall
be performed in a medically approved manner using a collection kit provided
or accepted by the Nebraska State Patrol. The collection of buccal cell samples
shall be performed by any person approved or designated by the Nebraska State
Patrol and using a collection kit provided or accepted by the Nebraska State
Patrol.
(2) In addition to the DNA sample, one thumb print or fingerprint shall
be taken from the person from whom the DNA sample is being collected for the
exclusive purpose of verifying the identity of such person. The DNA sample
and the thumb print or fingerprint shall be delivered to the Nebraska State
Patrol within five working days after collecting the sample unless the DNA sample was collected from buccal cell samples,
in which case the DNA sample shall be delivered within ten working days after
collecting the sample.
(3) A person authorized to collect DNA samples under the act is not
criminally liable for collecting a DNA sample and transmitting DNA records
pursuant to the act if he or she performs these activities in good faith and
is not civilly liable for such activities if he or she performed such activities
in a reasonable manner according to generally accepted medical standards for
blood samples or in accordance with the collection kit and procedures approved
by the Nebraska State Patrol for tissue samples.

Legislative History

Source: Laws 1997, LB 278, § 7; Laws 2000, LB 151, § 1; Laws 2006, LB 385, § 8; Laws 2006, LB 1113, § 33; Laws 2012, LB66, § 2.