sec.178Blood specimens

sec.178 Blood specimens

In taking a specimen of blood for the purpose of a laboratory test a health care professional must comply with the following— take such specimen from any vein selected by the health care professional; not use any substance which the health care professional believes on reasonable grounds to be or to contain alcohol or ether when cleaning the site of the venipuncture or for the purpose of cleaning any needle or syringe used for the purpose of the taking by the health care professional of such specimen; take a sufficient quantity of blood for the purpose of such laboratory test and if required pursuant to the Act take such additional quantity of blood either at the same time or immediately thereafter as will be a sufficient specimen to give to the person whose blood is taken; place the specimen of blood in a specimen tube; if the specimen tube does not have an identifying number on it—place on the specimen tube an identifying number; sign a certificate (a specimen certificate ) stating— the name of the person from whom the specimen was taken; and the place where and the date and time when the specimen was taken; and the identifying number on the specimen tube into which the specimen was placed; and the name, rank and station of the police officer who asked for the specimen. A copy of the specimen certificate is to be given to the analyst with the specimen of blood to which it refers. The copy of the specimen certificate given to the analyst is sufficient authority for the analyst to issue a certificate of an analysis for the specimen of blood. A specimen certificate signed in accordance with this section shall be admissible in evidence and, in the absence of proof to the contrary, shall be conclusive evidence of the matters certified to therein. It shall be conclusively presumed that no substance containing alcohol or ether was used by a health care professional unless he or she gives evidence on oath that he or she did so. Where a health care professional gives evidence on oath that any substance containing alcohol or ether was used by him or her it shall be conclusively presumed that the use of any such substance did not affect the result of any analysis of a specimen taken by him or her unless the contrary is proved. Where in a certificate issued by an analyst for the purposes of the Act the analyst in respect of the specimen of blood to which such certificate relates certifies that there was sufficient quantity of blood for the purposes of an analysis and that such specimen was capable of analysis, such certificate shall be sufficient evidence of those matters unless the contrary is proved. s 178 ins reg pubd gaz 6 July 1968 pp 1121–2 amd reg pubd gaz 15 November 1969 p 1175; 9 September 1972 p 176 sub reg pubd gaz 5 May 1973 p 112; reg pubd gaz 3 August 1974 pp 1947–8 amd reg pubd gaz 2 February 1980 p 347; 1993 SL No. 470 s 2 sch; 1994 SL No. 232 s 35 ; 2002 SL No. 293 s 4 ; 2003 SL No. 358 s 3 ; 2010 SL No. 36 s 11 ; 2019 SL No. 239 s 4 (sec.178-ssec.1) In taking a specimen of blood for the purpose of a laboratory test a health care professional must comply with the following— take such specimen from any vein selected by the health care professional; not use any substance which the health care professional believes on reasonable grounds to be or to contain alcohol or ether when cleaning the site of the venipuncture or for the purpose of cleaning any needle or syringe used for the purpose of the taking by the health care professional of such specimen; take a sufficient quantity of blood for the purpose of such laboratory test and if required pursuant to the Act take such additional quantity of blood either at the same time or immediately thereafter as will be a sufficient specimen to give to the person whose blood is taken; place the specimen of blood in a specimen tube; if the specimen tube does not have an identifying number on it—place on the specimen tube an identifying number; sign a certificate (a specimen certificate ) stating— the name of the person from whom the specimen was taken; and the place where and the date and time when the specimen was taken; and the identifying number on the specimen tube into which the specimen was placed; and the name, rank and station of the police officer who asked for the specimen. (sec.178-ssec.2) A copy of the specimen certificate is to be given to the analyst with the specimen of blood to which it refers. (sec.178-ssec.2A) The copy of the specimen certificate given to the analyst is sufficient authority for the analyst to issue a certificate of an analysis for the specimen of blood. (sec.178-ssec.3) A specimen certificate signed in accordance with this section shall be admissible in evidence and, in the absence of proof to the contrary, shall be conclusive evidence of the matters certified to therein. (sec.178-ssec.4) It shall be conclusively presumed that no substance containing alcohol or ether was used by a health care professional unless he or she gives evidence on oath that he or she did so. (sec.178-ssec.4A) Where a health care professional gives evidence on oath that any substance containing alcohol or ether was used by him or her it shall be conclusively presumed that the use of any such substance did not affect the result of any analysis of a specimen taken by him or her unless the contrary is proved. (sec.178-ssec.5) Where in a certificate issued by an analyst for the purposes of the Act the analyst in respect of the specimen of blood to which such certificate relates certifies that there was sufficient quantity of blood for the purposes of an analysis and that such specimen was capable of analysis, such certificate shall be sufficient evidence of those matters unless the contrary is proved.