DAR File No. 40868

Health, Disease Control and Prevention, Laboratory Services

Rule R438-10

Rules for Establishment of a Procedure to Examine the Blood of All Adult Pedestrians and All Drivers of Motor Vehicles Killed in Highway Accidents for the Presence and Concentration of Alcohol, for the Purpose of Deriving Statistics Therefrom

Notice of Proposed Rule

(Repeal)

DAR File No.: 40868
Filed: 10/12/2016 11:51:19 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule was to allow for data collection regarding motor vehicle accidents related to alcohol consumption. After reviewing this rule for the 5-year review process, it was decided this rule could be repealed. The rule is outdated, and this process of data collection has been fulfilled by S.B. 13 (2012), which amended the duties of the state medical examiner's office to assume custody of a body when it appears the death was the result of a highway accident. A standard test run at autopsy is a blood alcohol concentration.

Summary of the rule or change:

This rule establishes a procedure for collecting blood alcohol information for motor vehicle accidents. We are asking for this rule to be repealed since it is outdated, and there are other mechanisms in place to fulfill the statute regarding data collection.

Statutory or constitutional authorization for this rule:

• Section 26-1-30

Anticipated cost or savings to:

the state budget:

None--This rule is outdated and was not used for many years. There will be no costs or savings from the repeal.

local governments:

None--This rule is outdated and was not used for many years. There will be no costs or savings from the repeal.

small businesses:

None--This rule is outdated and was not used for many years. There will be no costs or savings from the repeal.

persons other than small businesses, businesses, or local governmental entities:

None--This rule is outdated and was not used for many years. There will be no costs or savings from the repeal.

Compliance costs for affected persons:

None--This rule is outdated and was not used for many years. There will be no costs or savings from the repeal.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule is being repealed because it is outdated and there are other mechanisms in place to fulfill the statute regarding data collection.

Joseph Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Disease Control and Prevention, Laboratory Services
4431 S 2700 W
TAYLORSVILLE, UT 84119

Direct questions regarding this rule to:

• Robyn Atkinson at the above address, by phone at 801-965-2424, by FAX at 801-969-3704, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2016

This rule may become effective on:

12/08/2016

Authorized by:

Joseph Miner, Executive Director

R438. Health, Disease Control and Prevention, Laboratory Services.

[ R438-10. Rules for Establishment of a Procedure to Examine the Blood of all Adult Pedestrians and all Drivers of Motor Vehicles Killed in Highway Accidents for the Presence and Concentration of Alcohol, for the Purpose of Deriving Statistics Therefrom.

R438-10-1. Definitions.

(1) "Victim" means any driver of a motor vehicle, or any adult pedestrian who dies as a result of, and within four hours after the time of, a highway accident.

(2) "Blood specimen collector" means a person required to obtain a blood specimen from any driver of a motor vehicle, or any adult pedestrian who dies as a result of a highway accident, which person shall be:

(a) Any mortician licensed in the State of Utah.

(b) The Chief Medical Examiner and his authorized designates.

(c) Any other person as authorized by the Department of Health.

 

R438-10-2. Procedure.

(1) Blood specimen collection

(a) The Department of Health shall provide specimen collection supplies, sampling instructions, mailing containers, and report forms to those authorized and responsible to collect blood specimens for this procedure. The blood specimen collector shall obtain a specimen from the victim in accordance with the sampling instructions.

(b) Any blood specimen collector having custody of any driver of a motor vehicle or any adult pedestrian who dies as a result of a highway accident shall be required to initiate the report form, listing all available information, and to submit the specimen and report form to the State Health Laboratory of the Department of Health, in the mailing container provided.

(c) In the event that a highway fatality cannot be identified as to driver, pedestrian, or passenger, the blood specimen collector shall obtain a specimen from all persons within his custody who died as a result of the accident.

(2) Chemical analysis

All specimens shall be analyzed by the State Health Laboratory. The State Health Laboratory shall employ methodology, analytical techniques, and documented quality control practices to best ensure accurate results. The State Health Laboratory shall add the result of the alcohol analysis to the report form, and forward the form to the Bureau of Health Statistics of the Department of Health.

(3) Statistical analysis

The Department of Public Safety shall forward a copy of all motor vehicle accident reports involving fatalities to the Bureau of Health Statistics. The Bureau of Health Statistics shall assemble all available information, including accident reports, death certificates, and alcohol analyses, and subject these data to appropriate statistical analyses. These statistics shall be provided to the Commissioner of Public Safety on a monthly basis. The Bureau of Health Statistics shall also make an annual report to the Commissioner of Public Safety.

 

KEY: accident law

Date of Enactment or Last Substantive Amendment: 1987

Notice of Continuation: October 12, 2011

Authorizing, and Implemented or Interpreted Law: 26-1-30(2)(q); 26-1-30(2)(r) ]