Ohio Admin. Code 4765-6-06 - Withdrawing of blood for evidence collection
(A) An advanced emergency medical technician
or a paramedic may withdraw blood for the purpose of determining the alcohol,
drug, controlled substance, metabolite of a controlled substance, or
combination content of the whole blood, blood serum, or blood plasma as
provided in division (D) of sections
4765.38 and
4765.39 of the Revised Code and
in accordance with this rule.
(B) A
physician or cooperating physician advisory board that serves as the medical
director for any EMS organization may limit the ability of an advanced
emergency medical technician and paramedic, who provide emergency medical
services under the auspices of the physician's certificate to practice medicine
and surgery, or osteopathic medicine and surgery, to withdraw blood for
evidence. The withdrawal of blood for evidence collection shall be performed in
accordance with protocols and training requirements established by the medical
director of the emergency medical service organization with which the advanced
emergency medical technician or paramedic is affiliated.
(C) The advanced emergency medical technician
or paramedic must have received training approved by the local medical director
regarding the withdrawal of blood for evidence collection before performing the
withdrawal of blood for evidence.
(D) In the course of providing emergency
medical treatment and at the request of a law enforcement officer, an advanced
emergency medical technician or paramedic may withdraw blood as provided under
sections 1547.11,
4506.17, and
4511.19 of the Revised Code. The
advanced emergency medical technician or paramedic shall not respond to the
request to withdraw blood for the purpose of evidence collection unless the
advanced emergency medical technician or paramedic is also responding to a
request for emergency medical treatment and transport of the patient to a
health care facility. A clinically competent patient may refuse
transport.
(E) The advanced
emergency medical technician or paramedic shall not attempt to withdraw blood,
if any of the following apply:
(1) In the
opinion of the advanced emergency medical technician or paramedic, the physical
welfare of the patient, the
any
EMT
EMS
provider , or any other person would be endangered by the withdrawing of
blood;
(2) In the opinion of the
advanced emergency medical technician or paramedic, the withdrawing of blood
would cause an unreasonable delay in the treatment or transport of the patient
or any other person;
(3) Consent of
the patient is not obtained by the advanced emergency medical technician or
paramedic. Any person who is unconscious, or who otherwise is in a condition
rendering the person incapable of refusal, shall be deemed to have
consented;
(4) Blood would be
withdrawn from a pre-existing central venous access device;
(5) The withdrawing of blood would result in
a violation of any rule in this chapter; or
(6) The person is deceased.
(F) The withdrawing of blood shall
only be done at the request of a law enforcement officer having reasonable
grounds to believe the person was violating section
1547.11,
4506.17 or
4511.19 of the Revised Code. As
set forth in section 4511.191 of the Revised Code,
the law enforcement officer shall request the person to submit to the
withdrawing of blood and shall be responsible for advising the person of the
consequences of submitting to, or refusing to submit to, the test.
(G) Blood shall only be collected utilizing
the appropriate blood collection kit furnished by the law enforcement officer
making the request and in compliance with rule
3701-53-05
of the Administrative Code. The withdrawing of blood must take place under the
observation of the law enforcement officer. The blood sample must be
immediately provided to the law enforcement officer.
Notes
Promulgated Under: 119.03
Statutory Authority: 4765.11, 4765.38, 4765.39
Rule Amplifies: 4765.38, 4765.39, 1547.11, 4506.17, 4511.19
Prior Effective Dates: 12/02/2010, 02/06/2012, 05/29/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4765.11, 4765.38, 4765.39
Rule Amplifies: R.C. 1547.11, 4506.17, 4511.19, 4765.38, 4765.39
Prior Effective Dates: 12/2/10, 2/6/2012
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