State v. Olcavage
In State v. Olcavage, 200 Ariz. 582, 30 P.3d 649 (App. 2001), the Court addressed the issue of whether a phlebotomist was legally qualified to perform blood draws as a "qualified person" under 28-1388(A). 200 Ariz. at 584, P 1, 30 P.3d at 651.
In Olcavage, the Court specifically stated that "persons who draw blood for DUI purposes are not acting as medical assistants" and therefore, "the regulations prohibiting medical assistants from drawing blood in the absence of a doctor, physician's assistant, or nurse practitioner, do not apply to persons drawing blood for DUI purposes under section 28-1388(A)." Id. at 587, P 18, 30 P.3d at 654.