Blood & Urine Specimens O.A.C. 3701-53-05
Ohio Administrative Code section 3701-53-05 applies to the collection of blood and urine specimens. Section (A) requires all samples to be “collected in accordance with section 4511.19 (DUI statute), or section 1547.11 (Boating Under the Influence) of the Revised Code, as applicable.”
Section (B) states, “[w]hen collecting a blood sample, an aqueous solution of non-volatile antiseptic shall be used on the skin. No alcohols shall be used as a skin antiseptic.” A good place to start your DUI investigation is the first blood draw. We have garnered the help of a legal-nurse-practitioner to find instances where wounds could have been treated in such a manner that alcohol was left on the skin. We also fight hard to get the blood draw protocol from the hospital. Often arguments can be made that the skin antiseptic does not meet the requirements of this administrative code.
Section (C) requires that, “[b]lood shall be drawn with a sterile dry needle into a vacuum container with a solid anticoagulant, or according to the laboratory protocol as written in the laboratory procedure manual based on the type of specimen being tested.” Again, fight hard for the laboratory protocol and procedure manual so that you can see if the blood draw was done correctly. You will often find important differences in how the nurse drew the blood and the way the OAC contemplates a blood draw. Hire an attorney who knows what the guidelines are and can fight your case.
Section (D) sets forth the manner in which a urine sample can be collected. “The collection of a urine specimen must be witnessed to assure that the sample can be authenticated. Urine shall be deposited into a clean glass or plastic screw top container which shall be capped, or collected according to the laboratory protocol as written in the laboratory procedure manual. Here, recent changes in the HIPPA privacy laws may have caused a change in the hosptial/laboratory protocol that will benefit your client. Thorough discovery is required. Often, you will be able to get this type of information only by getting it yourself. More and more often, courts will allow you to raise these issues only if the prosecutor has been put on notice of a deficiency.
Section (E) describes what must be done to assure no tampering with the sample has occurred and section (F) requires that “[w]hile not in transit or under examination, all blood and urine specimens shall be refrigerated.”
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