My understanding of the change in law is that it is specific to the actual
taking of a blood sample, for police purposes, from an unconscious patient
involved in a road traffic accident without the patients consent -link
below.
http://www.doh.gov.uk/consent/praguidance/index.htm
The Police Reform Act 2002 appears to be silent on what the status of a
sample is if, for example, it was taken on arriving in casualty as part of
routine medical investigations. I wrote to Mr Al Lama, (Property and Road
Crime Reduction Unit, Home Office, Clive House, Petty France, London SW1H
9HD, tel: 020 7271 8243; fax 020 7271 8202; email
[log in to unmask]) who is apparently the legal expert for the
Home Office on this matter, in order to clarify the status of such a sample.
No reply yet.
I will continue to treat it like any other sample. ie. If the patient is
not able or willing to give consent to release a previously "gifted" sample
to the Police, then the Doctor in Charge could give consent if he/she
thought it in the best interests of the patient or society. If the DOC does
not give consent then I refuse to give the sample to the Police without a
court order. Either way, if the sample has been "identified" then make sure
it is kept safely and not discarded until the police have had the
opportunity to get a court order.
If the police want to take a sample under the Police Reform Act 2002, then
it is outside normal medical care and I will not touch it with a barge pole.
I may be wrong but at least I am following an SOP which is now with the
legal expert in the Home Office! (my get out of jail card )
regards
Martin Myers
-----Original Message-----
From: # David Ricketts [mailto:[log in to unmask]]
Sent: 01 October 2002 08:59
To: [log in to unmask]
Subject: New Law on breath tests
Dear All (UK membership)
As we do not touch drink driving samples, I am concerned that we will get
samples from unconscious A/E RTA's to store until they regain consciousness
(and then object). As the new law has only come into being today any advice
on what we should do would be welcome. I assume it will be a chain of
custody issue with special collection conditions. If one turns up, what
should we do with it.
Regards,
David Ricketts
NMUH London
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