A perhaps slightly worrying aspect of this act is that the police constable
is the one who makes the judgement of capacity. He then requests the doctor
to take the sample - the doctor can still refuse - but if he goes ahead he
is covered legally.
Guidance issued http://www.doh.gov.uk/consent/praguidance/index.htm
section 10, states "If the medical practitioner considers it appropriate to
take the specimen, the police constable will provide a kit to be used for
this purpose. This is the standard kit that the police currently supply for
the taking of specimens. The specimen taken should be given immediately to
the police constable" - as stated , this suggests the chain of custody lies
with the police. The sample will not be analysed until the patient is
competent to give consent, where a refusal to allow the sample to be tested
can result in prosecution
Samples taken for clinical reasons would presumably be treated as at present
as 1) the assessment of capacity cannot be retrospective and 2) the
procedures laid down were not followed.
The BMA have issued brief guidelines in response - available via their
public page at
http://www.bma.org.uk/ap.nsf/Content/__Home_Public


Joe Begley







----- Original Message -----
From: "Gray Malcolm" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, October 01, 2002 9:40 AM
Subject: Re: New Law on breath tests


> As I understand the new law, as discussed on the Today programme and in
the
> morning papers, the samples will be taken at the request of the police in
> any incident where the driver is thought to be under the influence of
> alcohol or drugs. They will retain the specimens themselves (using their
own
> chain of custody procedures)together with the set of samples for the
> patient's own analysis (should they wish to get them analysed) and seek
> consent from the patient when they are able to do so, then test the
samples.
> Since the police will be initiating the request, they will be responsible
> for the samples (including storage/chain of custody) and so the labs
should
> not be required to be part of the chain.
> Any other samples taken from the patient for clinical treatment do not
have
> chain of custody and would not be accepted as such in a court of law.
>
> Malcolm Gray
>
> Chief Biomedical Scientist
> Clinical Biochemistry
> Barts and the London NHS Trust
> St Bartholomew's Hospital
> West Smithfield
> London EC1A 7BE
>
> Tel:    020 7601 8253
> Fax:   020 7601 8424
> Mobile: 0794 100 7290
> Mailto:[log in to unmask]
>
>
>
> -----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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