State Ex Rel. Pennartz v. Olcavage

OPINION

RYAN, Judge.

¶ 1 In this special action, we are asked to decide whether persons who have received specific training in phlebotomy, 1 who are certified in phlebotomy by two national certification agencies, and who have performed numerous blood draws are legally “qualified” to perform blood draws for purposes of determining the alcohol concentration or drug content in a suspect’s blood under Arizona Revised Statutes (“A.R.S.”) section 28-1388(A) (Supp.2000). A Scottsdale City Court judge ruled that phlebotomists were not qualified persons under the statute unless they drew blood under the…