Mo. Ambulance Stops Taking Blood From DWI Suspects
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Sept. 12--WARRENSBURG -- A new Johnson County Ambulance District Board policy prohibits district personnel from drawing blood from suspected drunk drivers.
District Chief Shane Lockard said state law allows enforcers to compel medical personnel to draw blood from DWI suspects, and district paramedics have done so.
"We have been doing it at the scene," he said.
Personnel also take blood when officers drive a suspect to an ambulance facility or when EMS personnel are called to police departments or the jail.
The board attorney, Frank Foster, recommended EMS personnel stop drawing blood from DWI suspects, Lockard said.
The concern is that state law focuses on hospital personnel, but the term "technician" expanded without a clear legal basis to EMS personnel.
"I don't feel comfortable (drawing blood) on a person who refuses or is unconscious," Lockard said. "It's not in our scope to perform medical procedures if they can't consent to it."
Personnel also may be called to testify in court at district expense, he said.
Lockard said he does not want to hinder law enforcement.
"I have concerns on both sides," he said.
Board President Ray Patrick said the district has a liability issue if a driver sues over losing his license.
Board member Juanita Moore said she does not believe the suspect's blood/alcohol level will drop significantly en route if taken to Western Missouri Medical Center for the procedure. The hospital can draw and test blood immediately.
"The less people who handle it before it is tested, the less chance (the procedure) will be challenged," she said.
Lockard said one option may be to take suspects to the county jail if a registered nurse is on duty who can draw the blood.
Board member Alice Greife asked if the district could pass an ordinance prohibiting the procedure if state law requires compliance.
Lockard said Foster argues the 2001 statute refers to medical technicians, not paramedics, but "law enforcement has expanded the scope."
"If we're not authorized by state statute to do it, we should not do it," Greife said.
The board adopted the policy unanimously.
Lockard said he would notify area law enforcement departments about the new policy.
