Contents:
Blood Alcohol Testing
COMPULSORY BLOOD TESTING OF DRIVERS / RIDERS OF MOTOR VEHICLES AND
HORSES, OR PEDESTRIANS WHO ARE INJURED AND REQUIRE HOSPITAL ATTENTION.
Section 4F of the Traffic Act, 1909 requires, inter alia, that where
a person of or above the age of fifteen years attends or is admitted into
a hospital for examination or treatment as a result of a vehicle accident
on a public street then it is the duty of any medical practitioner by whom
the person is attended to take a sample of the person's blood for analysis.
This Section of the Act has now been amended to have inserted the following:
l(a) If there is no medical practitioner present to attend the person
at the hospital, the blood or urine sample is to be taken by a Registered
Nurse who is attending the person and who is accredited by a hospital as
competent to perform the sampling procedure.
This insertion has been made to facilitate the collection of blood or
urine samples in isolated or unattended hospitals. It also provides legal
indemnity for the collector and applies to Sections of the Act referring
to sampling intoxicated drivers for drug testing.
Amendments have been made to Section 4G, now requiring that the sample
of blood be divided into two approximately equal portions instead of three
portions. This change in sampling is in line with the practice recently
introduced of transporting blood samples through security boxes (see Circular
90/42). One sample must be returned to the patient with pink copy of contents
and the second sample and attached certificates must be placed in the Police
Security Box present in all hospitals.
New sampling kits will be prepared with only two sample bottles in them,
however, existing kits should continue to be used and the third bottle disposed
of. All staff are asked to take particular care in packaging bloods for
this analysis. Caps should be finnly screwed down and then placed in protective
plastic envelopes.
All the above changes are effective from 1st January, 1991.
Crimes Act 1990 (NSW) s414A.
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