Only a physician, licensed professional or practical nurse, emergency medical technician or certified phlebotomist or a technologist employed by a hospital or physician shall withdraw blood from a person in the performance of a chemical blood test. No such physician, nurse, technician, phlebotomist or technologist who withdraws blood from a person in the performance of a chemical blood test that has been directed by a police officer or by a judicial or probation officer shall be held liable in any civil or criminal action for assault, battery, false imprisonment or any conduct of a police officer except for negligence, nor shall a person assisting in the performance of the test or a hospital wherein blood is withdrawn in the performance of the test be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of a police officer except for negligence.
§ 66-8-103 NMSA 1978
Chemical blood tests; persons qualified to perform tests; relief from liability
Known as the Implied Consent Act
The act spans §§ 66–66 (67 sections).
Applied in 1 court decision — leading case Marshall v. Columbia Lea Regional Hospital (2003)
Most recently applied in Marshall v. Columbia Lea Regional Hospital (September 2003)
1953 Comp., § 64-22-2.1, enacted by Laws 1967, ch. 160, § 1; recompiled as 1953 Comp., § 64-8-103, by Laws 1978, ch. 35, § 511; 2025, ch. 4, § 18.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.