South Dakota Statutes
§ 42-8-45.7 — Persons authorized to take breath or other bodily substance specimen--Liability.
South Dakota § 42-8-45.7
This text of South Dakota § 42-8-45.7 (Persons authorized to take breath or other bodily substance specimen--Liability.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 42-8-45.7 (2026).
Text
Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist may withdraw blood for the purpose of determining the alcoholic content of the blood. This limitation does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons, acting on the presumption of consent in § 42-8-45.6 , and any hospital or facility employing such persons, are not liable and may not be held to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care. No person authorized to withdraw blood under this section may be required or forced to withdraw blood for the purposes provided in this chapt
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Legislative History
SL 1992, ch 306, § 9; SL 2012, ch 208, § 9.
Nearby Sections
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Amusement ride defined.§ 42-10-2
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Annual inspection.§ 42-10-5
Inspection affidavit.§ 42-10-6
Daily inspection--Standards--Record.§ 42-10-7
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Persons exempt from liability.§ 42-11-3
Conduct not exempt from liability.§ 42-11-4
Warranty or trespass unaffected.§ 42-11-5
Warning signs--Placement--Size.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 42-8-45.7, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/42-8-45.7.