[353G-17] Immunity from liability. (a) Any accredited assessment program or treatment program or substance abuse professional certified pursuant to section 321-193 that, in good faith, provides services pursuant to this chapter shall not be liable in any civil action for damages as a result of any acts or omissions in providing assessment services or treatment services; provided the skill and care given is that ordinarily required and exercised by other persons in the profession. The grant of immunity provided for in this subsection also shall extend to all employees and administrative personnel of the accredited program.

(b) Any qualified person who withdraws or otherwise obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to this chapter shall not be liable in any civil action for damages for so acting; provided that the skill and care exercised is that ordinarily required and exercised by similar programs or other persons in the profession. [L 1998, c 152, pt of 2]

 

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