Legal Blood drawing in KS -- new D.A. legislation possibility

TrudyRN · Apr 15, 2007

It means that the DA is trying to do his job but his approach is short-sighted and arrogant. What if he does arrest someone? Maybe the next worker won't draw the blood either. He can arrest every nurse, lab tech, and doctor in the hospital and he still won't have the blood and he will be responsible for death and disability of who knows how many patients? That should go over well.

Like several of prosecutors I have read about, including the @!#+_ in the Duke LaCrosse case and Marcia Clark of OJ Simpson fame, he sounds egotistical and thrives on power. He seems to think only threats of arrest will work. There is no understanding, it seems, of the minefield of laws and regulations through which hospitals and their employees must daily tread. And why take out on hospitals the fact that how many judges didn't lock up forever the miserable drunken wreck of a womanmentioned in the story (and thousands like her) somewhere along the way of her sickness, selfishness, and irresponsibility? Like after the very first offense. Why must nurses and doctors be threatened with arrest because the legal system failed to get her away from civilized innocents?

Hopefully, they'll get it all worked out. A very simple procedure is in place - the telephone search warrant - and I think the DA spouted off with the only fix he knows - arrest.

purple1953reading · Apr 15, 2007

I would only draw those bloods on a person the highway patrol brought in or with a court order. I had a dui guy with no license brought in when they found him unconscious in the car, and , or course, he said he did not drive, the driver must have taken off. He was to go to jail, but because of head injury protocol, that they said the jail did not have time to do (what an excuse) he was let go to home for followup. Later, the State Patrol came back and wanted the sheets from the room he was in to do typing on the blood to compare with the blood found on the steering wheel. Was really angry when I told him, the room had been cleaned, and the laundry had the sheets, He said go get them, I said I can't testify or verify they are his now. Told him Call hthe judge, get a court order to take blood directly from him. End of story.

hospitalstaph · Apr 16, 2007

I noticed this on the news a few nights ago and cannot believe it! I live in MO but work in KS. I am happy that I have never been put in a situation like this, but I am sure it will happen eventually. And to think that we could be arrested for this??????

TL

justme1972 · Apr 16, 2007

I think the DA would be doing an illegal search and seizure by requiring it without a court order...any law can get passed, and they can arrest anyone they want...until it gets before a judge and is found to be unconstitutional.

I agree, that blood draws are an invasive procedure, and like ANY invasive procedure, I would say that the DA need's a court order...no matter how much he doesn't want to get one....DUI suspect or not.

TazziRN, RN · Apr 16, 2007

People under arrest are not guilty until proven so. That means that if a blood sample is obtained without consent, implied or absolute, it is battery and the suspect would have a reason to sue. I understand this DA's frustration but he's gotta wise up.

sjt9721, BSN, RN · Apr 16, 2007

I've run across some LE agencies that had a certain number of officers trained to draw blood. It was part of the booking process...prints, picture, blood...

CraigB-RN, MSN, RN · Apr 16, 2007

I may have my states confused, but I thought KS was one of those states that assumed guilt if you refused the BA. I"ll have to go back and look again. I know when I was DON of a KS hospital, I would never have allowed one of my nurses to put themselves at risk for blood borne exposure by having them take blood from a patient that didn't want then. This one may just have to be fought out in the courts.

This isnt't the first time something like this has happened. I remember a couple of years back, there was a push to report 15 & 16 yo's who were having sex so they could press felony charges against the male.

KsEDRN · Apr 17, 2007

I had a friend e-mail me this news story, Phill Kline is a scary person to have in any position of power. I have refused to draw blood on intoxicated patients brought in by the police and it does seem to upset them, until you mention that it would be battery to do so with out the patient's consent. I was then told that not allowing a blood draw, or taking a breathalizer was automatic loss of license.