Blood alcohol with patients refusing

[SCRAPPYRN69]

I am interested in finding out your policy regarding drawing blood alcohol for law enforcement when the patient is refusing. Starting January 1 my state has changed the law regarding refusal of blood alcohol testing. When Law enforcement finds certain situations the subject is not allowed to refuse blood alcohol testing. The New law states that the law enforcement official may use resonable force to produce the specimen. The law also covers the nurse from legal or civil penalty, unless their is negligence in the care. What are your policies on this matter, are you drawing or not???????

Thanks

[rjflyn, ASN, RN]

What Altra said. In my current state, it's most often the suspect/patient has refused a breathalyzer test. Hence they are in the ED for a blood test at which point they are obtaining a search warrant that compels the obtaining of said specimen. On occasion though I will have an individual actually be there voluntarily for a blood draw. That said once a judge signs the warrant the blood gets drawn, officers holding the person down if needed.

[SCRAPPYRN69]

In TN there are limited instances where blood draw is mandatory such as death or severe injuries involved. Even then, the police have to have an outside contractor come draw the blood for chain of custody issues. The hospital stays out of it.

It is TN I am asking about after the first of the year offenders will no longer be able to refuse.

[Rob72, ASN, RN]

If I had a picture of a dead horse here I would post it and then beat it. These laws are different state by state so checking with your local legislature is going to be your best bet.