§47-752.

§47-752.
   
   A. Only a licensed medical doctor, licensed osteopathic physician,
   licensed chiropractic physician, registered nurse, licensed practical
   nurse, physician's assistant, certified by the State Board of Medical
   Licensure and Supervision, an employee of a hospital or other health
   care facility authorized by the hospital or health care facility to
   withdraw blood, or other qualified person authorized by the Board of
   Tests for Alcohol and Drug Influence acting at the request of a law
   enforcement officer may withdraw blood for purpose of having a
   determination made of its concentration of alcohol or other
   intoxicating substance. Only qualified persons authorized by the Board
   may collect breath, saliva or urine, or administer tests of breath
   under the provisions of this title.
   
   B. If the person authorized to withdraw blood as specified in
   subsection A of this section is presented with a written statement:
   
   1. Authorizing blood withdrawal signed by the person whose blood is to
   be withdrawn;
   
   2. Signed by a duly authorized peace officer that the person whose
   blood is to be withdrawn has agreed to the withdrawal of blood;
   
   3. Signed by a duly authorized peace officer that the person whose
   blood is to be withdrawn has been placed under arrest and that the
   officer has probable cause to believe that the person, while
   intoxicated, has operated a motor vehicle in such manner as to have
   caused the death or serious physical injury of another person; or
   
   4. In the form of an order from a district court that blood be
   withdrawn, the person authorized to withdraw the blood and the
   hospital or other health care facility where the withdrawal occurs may
   rely on such a statement or order as evidence that the person has
   consented to or has been required to submit to the clinical procedure
   and shall not require the person to sign any additional consent or
   waiver form. In such a case, the person authorized to perform the
   procedure, the employer of such person, and the hospital or other
   health care facility shall not be liable in any action alleging lack
   of consent or lack of informed consent.
   
   C. No person specified in subsection A of this section, no employer of
   such person, and no hospital or other health care facility where blood
   is withdrawn shall incur any civil or criminal liability as a result
   of the proper withdrawal of blood when acting at the request of a law
   enforcement officer by the provisions of Section 751 or 753 of this
   title, or when acting in reliance upon a signed statement or court
   order as provided in this section, if the act is performed in a
   reasonable manner according to generally accepted clinical practice.
   No person specified in subsection A of this section shall incur any
   civil or criminal liability as a result of the proper collection of
   breath, saliva or urine when acting at the request of a law
   enforcement officer under the provisions of Section 751 or 753 of this
   title or when acting pursuant to a court order.
   
   D. The blood, breath, saliva or urine specimens obtained shall be
   tested by the appropriate test as determined by the Board to determine
   the alcohol concentration thereof, or the presence and concentration
   of any other intoxicating substance which might have affected the
   ability of the person tested to operate a motor vehicle safely.
   
   E. When blood is withdrawn or saliva or urine is collected for the
   appropriate test as determined by the Board of its alcohol or other
   intoxicating substance concentration, at the request of a law
   enforcement officer, a sufficient quantity of the same specimen shall
   be obtained to enable the tested person, at his or her own option and
   expense, to have an independent analysis made of such specimen. The
   excess blood, saliva or urine specimen shall be retained by a
   laboratory approved by the Board, in accordance with the rules and
   regulations of the Board, for sixty (60) days from the date of
   collection. At any time within that period, the tested person or his
   or her attorney may direct that such blood, saliva or urine specimen
   be sent or delivered to a laboratory of his or her own choosing and
   approved by the Board for an independent analysis. Neither the tested
   person, nor any agent of such person, shall have access to the
   additional blood, saliva or urine specimen prior to the completion of
   the independent analysis, except the analyst performing the
   independent analysis and agents of the analyst.
   
   F. When a test of breath is performed for the purpose of determining
   the alcohol concentration thereof, except when such test is performed
   by means of an automated analyzer as designated by the Board, a
   sufficient quantity of breath, or of the alcohol content of a fixed or
   measured quantity of breath, shall be obtained, in accordance with the
   rules and regulations of the Board, to enable the tested person, at
   his or her own option and expense, to have an independent analysis
   made of such specimen. The excess specimen of breath, or of its
   alcohol content, shall be retained by the law enforcement agency
   employing the arresting officer, in accordance with the rules and
   regulations of the Board, for sixty (60) days from the date of
   collection. At any time within that period, the tested person, or his
   or her attorney, may direct that such specimen be sent or delivered to
   a laboratory of his or her own choosing and approved by the Board for
   an independent analysis. Neither the tested person, nor any agent of
   such person, shall have access to the additional specimen of breath,
   or of its alcohol content, prior to the completion of the independent
   analysis thereof, except the analyst performing the independent
   analysis and agents of the analyst.
   
   G. The costs of collecting blood, breath, saliva or urine specimens
   for the purpose of determining the alcohol or other intoxicating
   substance thereof, by or at the direction of a law enforcement
   officer, shall be borne by the law enforcement agency employing such
   officer. The cost of collecting, retaining and sending or delivering
   to an independent laboratory the excess specimens of blood, breath,
   saliva or urine for independent analysis at the option of the tested
   person shall also be borne by such law enforcement agency. The cost of
   the independent analysis of such specimen of blood, breath, saliva or
   urine shall be borne by the tested person at whose option such
   analysis is performed. The tested person, or his or her agent, shall
   make all necessary arrangements for the performance of such
   independent analysis other than the forwarding or delivery of such
   specimen.
   
   H. Tests of blood or breath for the purpose of determining the alcohol
   concentration thereof, and tests of blood, saliva or urine for the
   purpose of determining the presence and concentration of any other
   intoxicating substance therein, under the provisions of this title,
   whether administered by or at the direction of a law enforcement
   officer or administered independently, at the option of the tested
   person, on the excess specimen of such person's blood, breath, saliva
   or urine, to be considered valid and admissible in evidence under the
   provisions of this title, shall have been administered or performed in
   accordance with the rules and regulations of the Board.
   
   I. Any person who has been arrested for any offense arising out of
   acts alleged to have been committed while the person was operating or
   in actual physical control of a motor vehicle while under the
   influence of alcohol, any other intoxicating substance or the combined
   influence of alcohol and any other intoxicating substance who is not
   requested by a law enforcement officer to submit to a test shall be
   entitled to have an independent test of his or her blood, breath,
   saliva or urine which is appropriate as determined by the Board for
   the purpose of determining its alcohol concentration or of any other
   intoxicating substance therein, performed by a person of his or her
   own choosing who is qualified as stipulated in this section. The
   arrested person shall bear the responsibility for making all necessary
   arrangements for the administration of such independent test and for
   the independent analysis of any specimens obtained, and bear all costs
   thereof. The failure or inability of the arrested person to obtain an
   independent test shall not preclude the admission of other competent
   evidence bearing upon the question of whether such person was under
   the influence of alcohol, or any other intoxicating substance or the
   combined influence of alcohol and any other intoxicating substance.
   
   J. A written report of the results of the test administered by or at
   the direction of the law enforcement officer shall be made available
   to the tested person, or his or her attorney, and to the Commissioner
   of Public Safety. The results of the tests provided for in this title
   shall be admissible in civil actions.