I'm not sure where you live, but I have found a couple LCD from across the US (Ohio and Kentucky) with exact or similar language to this:
"Submit CPT code 36410 only for venipunctures necessitating physician skill when performed by a physician on veins of the neck, (e.g., external or internal jugular), or from deep (central) veins of the thorax (e.g., subclavian) or groin (e.g., femoral); and for venipuncture of superficial extremity veins when the skill of a qualified individual properly trained in venipuncture techniques (e.g., nurse, phlebotomist, medical technician) has been clearly demonstrated, according to the terms of this policy, to be insufficient. ICD-9-CM 459.89 or V49.5 must be submitted on all claims for CPT 36410."
I would also add that just becaunse the physician is performing the venipuncture it does not mean that it "required the skill of a physician" as 36410 states. It sounds like 36415 - routine venipuncture - might be a better code choice unless your documentation supports the use of 36410.
Hope this helps.
