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EMTs are now authorized to obtain blood samples on DWI stops


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Posted

This is in Texas. Are EMT's even allowed to perform venipuncture or are they using this term EMT to cover all levels?

I do not support this bill at all think it is ridiculous.

http://www.pegasusnews.com/news/2009/jan/0...ke-blood-sampl/

Friday, January 9, 2009

Texas House Bill would allow EMTs to take blood samples at roadside DWI stops

A bill has been filed which would add Emergency Medical Technicians to the list of medical professionals allowed to take blood samples from persons suspected of driving under the influence. The bill would also allow blood to be taken anywhere–including at a roadside traffic stop.

Under current law, EMTs are specifically excluded from the list of medical personnel allowed to take blood tests to determine if someone is intoxicated.

HB 509 by State Rep. Debbie Riddle (R-Tomball) would expand the list, adding EMTs. It would also strike language that required the tests to be conducted “in a sanitary place” and replace it with language requiring the tests to be conducted “according to recognized medical procedures.”

Expect civil liberties groups, criminal defense lawyers, and possibly some health advocacy groups to oppose this bill.

One problem is that the bill as written would essentially allow blood specimens to be taken along the side of the road, in the back of a police vehicle, or in a jailhouse ‘drunk tank’–so long as the test is done “according to recognized medical procedures.”

Given that taking a blood sample under unsanitary conditions can cause some pretty serious complications to the test subject, medical professionals would be wise to fight this change–even though existing law guarantees anyone who takes a blood sample immunity from civil liability for any damages the test may cause.

Too, allowing the blood samples to be taken in unsanitary conditions opens the door to pollution of the sample or, at minimum, allowing the integrity of the sample to be seriously questioned.

In addition, in some areas, you could see an increase in EMTs being called to roadside traffic stops to conduct these tests by law enforcement–thus taking the EMTs away from their regular duties. In counties and cities with small EMT foces already, this could cause a problem when it comes to response times.

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Posted

:shock: :shock:

Medics as far as I know are the only ones that are able to draw blood samples. Emt B don't unless they are at least an EMT IV should be trained to do draws. It talks about unsanitary conditions for ems workers drawing the samples but they really need to look at clotting time. You would have to keep the sample fridgerated if you wanted it to be useable when you got to the ER if it was a long transport. Too much room for error on this one.

Posted

No problem AK, this is how this one will play out. Defendant hires a DUI lawyer, calls EMT who drew the blood to court:

Attorney: EMT Doe, could you please describe all of the training that you have received in the area of "Chain of custody of blood samples" and the "proper technique for gathering evidence to include blood and DNA samples" ?

EMT: I have none sir.

Attorney: We would ask the court to throw out this evidence on the grounds that it was improperly obtained, and since the EMT did not follow the rules for chain of custody, this sample could be anyone's blood sample.

Judge: Case dismissed.

Posted

But in the meantime, you will love getting up several times per shift to go draw blood. You Texas EMTs had better get some language in there that states that the police have to bring the patient to your station, versus you having to respond to the scene.

Posted

This is something that we had talked about years ago. We discussed how it would be great to be able to get a blood sample at the scene of an accident before IV's and other treatments were performed that might alter the ETOH. Also excluding time between accident to the hospital, and possibly having to wait for blood to be drawn in the ER.

Posted
This is something that we had talked about years ago. We discussed how it would be great to be able to get a blood sample at the scene of an accident before IV's and other treatments were performed that might alter the ETOH. Also excluding time between accident to the hospital, and possibly having to wait for blood to be drawn in the ER.

Who is "we", how were you a part of "we", and how or why do you think any of this should fall within our job duties as a pre hospital EMS provider?

Posted

All i can say is be careful what you ask for. Our service did this as a courtesy one night at an accident scene, and from that day on, cops figured out, i can call an ambulance here and get it drawn (all drunks -- not just MVC drunks), or I can drive the perp to the ER, wait 30-45 minutes, then transport him to jail. They opted for the ambulance.

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