Ohio Administrative Code › Title 4765 - State Board of Emergency Medical Services › Chapter 4765-6 - EMT Curriculums › Section 4765-6-06 - Withdrawing of blood for evidence collection

Current through all regulations passed and filed through July 1, 2024
(A) An advanced emergency medical technician
			 or a paramedic may 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 as
			 provided in division (D) of sections
			 4765.38 and
			 4765.39 of the Revised Code and
			 in accordance with this rule.
(B) A
			 physician or cooperating physician advisory board that serves as the medical
			 director for any EMS organization may limit the ability of an advanced
			 emergency medical technician and paramedic, who provide emergency medical
			 services under the auspices of the physician's certificate to practice medicine
			 and surgery, or osteopathic medicine and surgery, to withdraw blood for
			 evidence. The withdrawal of blood for evidence collection shall be performed in
			 accordance with protocols and training requirements established by the medical
			 director of the emergency medical service organization with which the advanced
			 emergency medical technician or paramedic is affiliated.
(C) The advanced emergency medical technician
			 or paramedic must have received training approved by the local medical director
			 regarding the withdrawal of blood for evidence collection before performing the
			 withdrawal of blood for evidence.
(D) In the course of providing emergency
			 medical treatment and at the request of a law enforcement officer, an advanced
			 emergency medical technician or paramedic may withdraw blood as provided under
			 sections 1547.11,
			 4506.17, and
			 4511.19 of the Revised Code. The
			 advanced emergency medical technician or paramedic shall not respond to the
			 request to withdraw blood for the purpose of evidence collection unless the
			 advanced emergency medical technician or paramedic is also responding to a
			 request for emergency medical treatment and transport of the patient to a
			 health care facility. A clinically competent patient may refuse
			 transport.
(E) The advanced
			 emergency medical technician or paramedic shall not attempt to withdraw blood,
			 if any of the following apply:
(1) In the
			 opinion of the advanced emergency medical technician or paramedic, the physical
			 welfare of the patient, any
									EMS
			 provider, or any other person would be endangered by the withdrawing of
			 blood;
(2) In the opinion of the
			 advanced emergency medical technician or paramedic, the withdrawing of blood
			 would cause an unreasonable delay in the treatment or transport of the patient
			 or any other person;
(3) Consent of
			 the patient is not obtained by the advanced emergency medical technician or
			 paramedic. Any person who is unconscious, or who otherwise is in a condition
			 rendering the person incapable of refusal, shall be deemed to have
			 consented;
(4) Blood would be
			 withdrawn from a pre-existing central venous access device;
(5) The withdrawing of blood would result in
			 a violation of any rule in this chapter; or
(6) The person is deceased.