§663-1.9 Exception to liability for health care provider, authorized person withdrawing blood at the direction of a police officer. (a) Any health care provider who, in good faith in compliance with section 286-163, provides notice concerning the alcohol content of a person's blood shall be immune from any civil liability in any action based upon the compliance. The health care provider shall also be immune from any civil liability for participating in any subsequent judicial proceeding relating to the person's compliance.

(b) Any authorized person who properly withdraws blood from another person at the written request of a police officer for testing of the blood's alcoholic content, and any hospital, laboratory, or clinic, employing or utilizing the services of such person, and owning or leasing the premises on which such tests are performed, shall not be liable for civil damages resulting from the authorized person's acts or omissions in withdrawing the blood, except for such damages as may result from the authorized person's gross negligence or wanton acts or omissions.

(c) For the purpose of this section:

"Authorized person" means a person authorized under section 286-152 to withdraw blood at the direction of a police officer.

"Health care provider" has the same meaning as in section 286-163. [L 1986, c 196, §1; am L 1997, c 101, §2]