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Thu Aug 17 16:09:21 BST 2006

IN Texas, if the accused requests or agrees to blood alcohol test, the
patient is brought to the hospital ED and a short screening is performed
with the officer and the accused, if all the answers on the screening
form are "no" then the officer takes the accused to the lab where the
blood is drawn using a chain of custody kit brought in by the officer.
The officer is then responsible to have the kit forwarded to the State
lab for testing. If the accused is going to be seen in the ED then lab
staff draws the chain of custody kit in the ED and provides the samples
to the officer. I have never heard of or seen an officer take custody of
the lab tubes drawn by medical personnel for diagnostic purposes. If we
do an Etoh or UDS the results can be subpoenaed with the rest of the
chart, but it is not desired by the prosecutors as there is no chain of
custody to fall back on and many more people have to be subpoenaed to
testify.
In Arizona, officers are trained to draw the BAL themselves taking
healthcare professionals out of the mix. Officers that desire the
certification attend a 40 hour course and are certified as a "law
enforcement phlebotomist". I understand it has been quite a successful
program.
REM

-----Original Message-----
From: trauma-list-bounces at trauma.org
[mailto:trauma-list-bounces at trauma.org] On Behalf Of Bryan Boling
Sent: Thursday, August 17, 2006 9:48 AM
To: Trauma &amp, Critical Care mailing list
Subject: Re: Alcohol Screening

When I was a tech in the ED, we used to draw tubes for the police.
However, they were ADDITIONAL tubes drawn for the purpose of evidence
collection, not our regular labs, and it was with the patient's
"consent."  I put consent in quotes because we have an implied consent
law here that says if a police officer suscpects someone of driving
under the influence, he can request they give a blood/breath/urine
sample (most times they get the choice - breath is free, blood or urine
they MIGHT have to pay for - but if they're in the ED for treatment,
blood test is free too, and dependending on the nature and injuries,
might be the "required" way, but I digress...).  They can refuse, but
refusal gets their license suspended.  So, I never ahd a patient refuse
when it was put to them like that.

We drew the labs into special tubes with the officer observing and then
had to sign a form saying we'd drawn it from the right patient and the
tubes were covered (sealed I suppose) with a label that the officer had
to cosign with us.  I suppose that prevents tampering down the line?
Then they took the tubes to some other lab they didn't go to the
hospital lab.

We routinely drew BALs on trauma patients and typically ran a urine drug
screen if there was any indication they might have anything on board.
But this was simply to know what we were dealing with pharmacologically
(and the occasional ED game "guess the BAL") and not for any kind of
legal proceeding.

bryan

On 8/17/06, Lorick Fox, PA-C <lorick at lorick.org> wrote:
>
>
> Since there is no chain of custody, I would be surprised if a blood 
> alcohol obtained in the hospital was admissible for criminal 
> prosecution.
> On the other hand, I have heard of police officers watching blood 
> tubes drawn and then seizing them as evidence.
>
> Anyone actually KNOW:
> (1) if hospital labs are admissible and
> (2) if the "seizure of blood tubes" is anything more than urban
legend?
>
> BTW, I am leaving Egypt next month to join Cardiovascular Associates, 
> LLC in the Norfolk, Virginia area www.cval.org (doing EP).  However, I

> will be returning to volunteer EMS as well, so I'll actually see more 
> trauma.
>
> Lorick Fox, MPAS, PA-C
> SEAVIN Medical
> Gianaclis Support Complex
> 011-20-3-448-2335x2001 or 2207
> www.Lorick.org
>
>
>
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