DAR File No. 41568

Health, Disease Control and Prevention, Laboratory Services

Rule R438-12

Rule for Law Enforcement Blood Draws

Notice of Proposed Rule

(Repeal)

DAR File No.: 41568
Filed: 05/02/2017 09:56:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule was to allow individuals other than physicians, registered nurses, or practical nurses to legally draw blood for law enforcement actions. This rule has been incorporated into Rules R426-5 and R426-12 and is no longer needed.

Summary of the rule or change:

This rule established a procedure for individuals other than physicians, registered nurses, or practical nurses to receive a permit for blood draws by meeting established criteria. This rule has been incorporated into Rules R426-5 and R426-12 and is no longer needed. Therefore, this rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Subsection 26-1-30(2)(s)
• Subsection 41-6-44.10(5)

Anticipated cost or savings to:

the state budget:

None--This rule has been incorporated into Rule R426-5. There will be no cost saving from the repeal.

local governments:

None--This rule has been incorporated into Rule R426-5. There will be no cost saving from the repeal.

small businesses:

None--This rule has been incorporated into Rule R426-5. There will be no cost saving from the repeal.

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

None--This rule has been incorporated into Rule R426-5. There will be no cost saving from the repeal.

Compliance costs for affected persons:

None--This rule has been incorporated into Rule R426-5. There will be no compliance costs for affected persons.

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

This rule is being repealed because the authorization and requirements set out in this rule have been adopted through Emergency Management Rule R426-5. There is no impact to business because Rule R426-5 has adopted the requirements set out in this rule.

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 rmatkinson@utah.gov

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:

07/03/2017

This rule may become effective on:

07/10/2017

Authorized by:

Joseph Miner, Executive Director

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

[R438-12. Rule for Law Enforcement Blood Draws.

R438-12-1. Definitions.

(1) "Director" means the Executive Director of the Department of Health.

(2) "Department" means the Department of Health.

 

R438-12-2. Authorized Individual - Qualifications.

Pursuant to section 26-1-30(2)(s), individuals other than physicians, registered nurses, or practical nurses shall meet one of the following requirements as a prerequisite for authorization to withdraw blood for the purpose of determining its alcoholic or drug content when requested to do so by a peace officer:

(1) training in blood withdrawal procedures obtained as a defined part of a successfully completed college or university course taken for credit, or

(2) training in blood withdrawal procedures obtained as a defined part of a successfully completed training course which prepares individuals to function in routine clinical or emergency medical situations, or

(3) training of no less than three weeks duration in blood withdrawal procedures under the guidance of a licensed physician.

 

R438-12-3. Permits for Authorized Individuals.

(1) Pursuant to section 26-1-30(2)(s), the Department shall issue permits to withdraw blood for the purpose of determining the alcoholic or drug content therein, when requested by a peace officer, to qualified applicants, as determined by the Department. The permit shall be of a size suitable for framing and a wallet-sized permit card shall be issued with the permit.

(2) Application to obtain a permit shall be made to the Director, Division of Epidemiology and Laboratory Services on forms provided by the Department.

(3) The permit shall be prominently displayed in the facility where the permit holder is employed. When the permit holder is requested to withdraw blood for the above stated purpose at a location other than the facility indicated above, he must have a valid permit card on his person.

(4) The effective date of a permit shall be the date the application is approved by the Department, which date shall appear on the permit and on the wallet-sized permit card. Permits shall be valid for a three year period on a calendar year basis. The date the permit expires shall appear on the permit and on the wallet-sized permit card. Permits shall be subject to termination or revocation pursuant to R438-12-4.

(5) Application to renew permits shall be made to the Director, Division of Epidemiology and Laboratory Services before the end of each three year permit period. Such application shall be made on forms provided by the Department. The permit holder shall either certify that he has been engaged in performing blood withdrawal procedures during the current permit period or submit a certificate signed by a physician attesting to his competence to perform blood withdrawal procedures.

(6) Permit holders must notify the Director, Division of Epidemiology and Laboratory Services within 15 days of a change in name or mailing address. Permits or permit cards that are destroyed or lost may be replaced upon written request from the permit holder.

 

R438-12-4. Cause for Permit Termination or Revocation.

Violation of this rule violates Section 26-23-6 and is cause to cancel any permit issued under this rule.

Permits shall be subject to termination or revocation under any one of the following:

1. The permit holder has made any misrepresentation of a material fact in his application, or any other communication to the Department or its representatives, which misrepresentation was material to the eligibility of the permit holder.

2. The permit holder is not qualified under R438-12-2 to hold a permit.

3. The permit holder after having received a permit has been convicted of a felony or of a misdemeanor which misdemeanor involves moral turpitude.

4. The permit holder does not comply with the display or possession requirements stated in R438-12-3.C.

 

R438-12-5. Published List of Authorized Individuals.

The Department shall publish annually, a list of individuals authorized to withdraw blood for determination of its alcoholic or drug content, when requested to do so by a peace officer. This list shall include the individual's name, mailing address, and permit number. The list shall be made available to all state and local law enforcement agencies, all local health departments, and any other person or agency requesting the information. The Department may publish amended lists when deemed necessary.

 

KEY: sobriety tests

Date of Enactment or Last Substantive Amendment: January 6, 2010

Notice of Continuation: January 20, 2012

Authorizing, and Implemented or Interpreted Law: 41-6a-523; 26-1-30(2)(s)]