Re: OHIO EMT blood draws

[Guest guest]

It still does not address the question if the controlling medical director has

the right to refuse to allow this proceedure, or if medical control is even

considered.

 

McGee, EMT-P, EMT-T

 

Subject: OHIO EMT blood draws

To: texasems-l

Date: Saturday, September 4, 2010, 4:03 AM

 

I have found this information:

OHIO: EMS BLOOD DRAWS FOR POLICE IN DUI ARRESTS

Ohio General Assembly has enacted, and the Governor has signed into law,

Substitute Senate Bill 58, which will become effective September 16,

2010.http://www.legislature.state.oh.us/bills.cfm?ID=128_SB_58.

Ohio Revised Code 1547.11 will now read:

“(D)(1)(( ….Only a physician, a registered nurse, an emergency medical

technician- intermediate, an emergency medical technician-paramedic, or a

qualified technician, chemist, or phlebotomist shall 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. This limitation does not apply to the taking of breath or urine

specimens. A person authorized to withdraw blood under this division may refuse

to withdraw blood under this division if, in that person's opinion, the physical

welfare of the defendant or child would be endangered by withdrawing blood.â€

[underlined is new addition.]

Fortunately, the immunity provisions in Ohio Revised Code 4506.17 have also been

amended: (the poster's comment where I found this, not mine--GG)

“(F) A test of a person's whole blood or a person's blood serum or plasma

given under this section shall comply with the applicable provisions of division

(D) of section 4511.19 of the Revised Code and any physician, registered nurse,

emergency medical technician-intermediate, emergency medical

technician-paramedic, or qualified technician, chemist, or phlebotomist who

withdraws whole blood or blood serum or plasma from a person under this section,

and any hospital, first-aid station, clinic, or other facility at which whole

blood or blood serum or plasma is withdrawn from a person pursuant to this

section, is immune from criminal liability, and from civil liability that is

based upon a claim of assault and battery or based upon any other claim of

malpractice, for any act performed in withdrawing whole blood or blood serum or

plasma from the person. The immunity provided in this division also extends to

an emergency medical service organization that

employs an emergency medical technician-intermediate or emergency medical

technician-paramedic who withdraws blood under this section.

The Ohio EMS Board will be drafting new regulations. In the meantime, the Board

has scheduled an Open Forum:

This I found in a Google search.

So it appears that a person authorized to draw blood can refuse ...if...in that

person's opinion the physical welfare of the defendant of child would be

endangered by withdrawing blood. "

That's fraught with many nuances. I won't even begin to list them.

It also appears that there is an immunity provision. Now, how does that dovetail

with the OHIO rules for EMT-I or Paramedic practice? It appears to grant full

immunity to blood drawers, but it seems to confine the immunity to assault and

battery and claims of malpractice. Would it cover a claim for damages from,

let's say, improper infection controls?

The way I heard about this was that a physician was asking for help in drafting

protocols to follow the new regulations. Or perhaps to help formulate the OHIO

regulations. I'm not clear on that.

Gene G.