[ifinnegan]

“She told the officer a patient was required to give consent for a blood sample or be under arrest.”

Nonsense.

This would mean medical staff could never take blood from any unconscious accident victim.

Are you claiming a patient comes in to an ER and they can’t draw blood for tests if patient is unconscious?

[Rusty0604]

The medical team can, but if the LEO want to they need a warrant with probable cause. I certainly hope you are not an LEO with your disregard for citizens rights.

[Hulka]

In Texas, free flowing blood can be wiped off the patient and then used for a BAC assessment. . .and if the blood drips onto hospital beds/chairs/furniture or the floor, the blood may be taken for BAC assessment.

[Mariner]

“This would mean medical staff could never take blood from any unconscious accident victim.”

They draw blood all the time from unconscious people. They just can’t use it for prosecution or any other legal matter.

It’s clearly against the law and against American Jurisprudence.

[Washi]

This would mean medical staff could never take blood from any unconscious accident victim.

There is a huge difference between drawing blood for medical purposes and drawing blood for legal, evidentiary purposes.

And, I would bet that any blood drawn for medical purposes is protected from confiscation by police by "Doctor/Patient Privilege".

The bill of rights and laws protecting those rights are there for a reason; to protect people from actions like those of this thug cop, Payne, and any other power-hard-on thug.

There are a great many good cops. I respect them, support them, and am thankful to have them.

But then there are bad apples and tin-pot thugs like Payne and, I'm assuming, you, ifinnegan.

[blueplum]

1. you and nobody else can force a nurse to order someone to violate Federal HIPA law, thereby subjecting herself to lawsuits and revocation of her license.
2. Phlebotomists draw blood; not floor nurses, and they do not report to floor nurses.
3. A hospital can draw blood for diagnostic tests pertinent to saving the life of the patient but the results of those tests are protected under HIPA - Federal Law.
4. Blood cannot be drawn for a third party without a warrant because the third party ISNT the patient - and HIPA also applies.
5. The nurse was the messenger - the nurse was representing the position of the hospital. Go arrest the administrator, don't take a nurse off the floor of a critical care ward when she has 12-15 patients relying on her.
6. An arrest, unless expunged, will destroy the ability of a nurse to renew her credentials.
7. The results of any blood draws are permanent records. They can be accessed by law enforcement, with a warrant, at any time after the draw date. Timing is irrelevant if it comes to using the records in a criminal proceeding. The detective should know this. His actions were psychotic.

You owe nurses everywhere an apology, sir.

[sarge83]

The hospital is not looking to prosecute the patient, you are and their civil rights come into play.

Do I lose all my Constitutional Rights if I am unconscious?

[Vendome]

They can only draw blood as a medical procedure, not in the pursuit of a criminal case, unless compelled by warrant...

The cop is not Jack Bauer....

[Tammy8]

Under the law there is a vast difference in doing tests as a part of medical care and doing tests for LE. A doctor would be ordering the tests for medical care for an unconscious patient, not LE. Even if the hospital does tests for medical reasons and LE wants the results they have to obtain them legally. If the hospital would have needed to check patient for alcohol or drugs for medical reasons that does not mean the LE have access to them. That would be a legal issue, they would still need a warrant or consent of patient.

Some states have laws that mean you give consent to this type of thing automatically by agreeing to it in advance when you get your license and drive. It is considered implied consent to drive in those states. That is the only way LE can do it without consent or warrant. According to all the articles I have read about this Utah does not have implied consent law. That is what was being discussed by the nurse with the officer and her supervisor by phone when this LE arrested her. The fact that there was no implied consent law.

We don’t give up our Constitutional rights just because we are getting medical care or are unconscious.

I just talked to my daughter who is a nurse and at one point worked in the county jail as a nurse about this incident. Even at the jail LE had to have consent of patient or get a warrant before medical personnel could legally draw blood in these circumstances. That is at the jail!

This LEO was so far out of line, there will be millions paid out in lawsuits for his behavior. None of this is new either, things have worked this way a long time. LE is aware of it, or should have been- he was just trying to bully through someone and get his own way.

The sad thing is we the people pay not only the money for his unprofessional actions- but if he had bullied her into doing it any case they would have had would have been thrown out and if the patient was under the influence of drugs or alcohol he would have been free to continue to do that.

LE are just like everyone else, there are good and bad officers. That is just the truth of it. I support good LEO and most that I have ever dealt with have been professionals. I do not support the bad apples.

[Radix]

Go on, entrench yourself in an absurd untenable position.

You clearly have no idea of what you are posting.