61-8-405. Administration of tests. (1) Only a physician or registered nurse or other qualified person under the supervision and direction of a physician or registered nurse acting at the request of a peace officer may withdraw blood for the purpose of determining any measured amount or detected presence of alcohol in the person. This limitation does not apply to the taking of breath or urine specimens.
     (2) The person may, at the person's own expense, have a physician or registered nurse of the person's own choosing administer a test, in addition to any administered at the direction of a peace officer, for the purpose of determining any measured amount or detected presence of alcohol or drugs in the person at the time alleged, as shown by analysis of the person's blood, breath, or urine. The failure or inability to obtain an additional test by a person does not preclude the admissibility in evidence of the test or tests taken at the direction of a peace officer.
     (3) Upon the request of the person tested, full information concerning the test or tests taken at the direction of the peace officer must be made available to the person or the person's attorney.
     (4) A physician or registered nurse or other qualified person under the supervision and direction of a physician or registered nurse does not incur any civil or criminal liability as a result of the proper administering of a blood test when requested in writing by a peace officer to administer a test.
     (5) If a test given under 61-8-402 or 61-8-806 is a test of urine, the person tested must be given privacy in the taking of the urine specimen that will ensure the integrity of the specimen and, at the same time, maintain the dignity of the individual involved.
     (6) The department in cooperation with any appropriate agency shall adopt uniform rules for the giving of tests and may require certification of training to administer the tests as considered necessary.

     History: En. Sec. 3, Ch. 131, L. 1971; R.C.M. 1947, 32-2142.3; amd. Sec. 4, Ch. 103, L. 1981; amd. Secs. 1, 13, Ch. 503, L. 1985; amd. Sec. 14, Ch. 378, L. 1989; amd. Sec. 5, Ch. 789, L. 1991; amd. Sec. 4, Ch. 564, L. 1993.