NCJ Number
225790
Journal
Problems of Forensic Sciences Volume: 75 Dated: 2008 Pages: 247-255
Date Published
2008
Length
9 pages
Annotation
This article discusses the legal and medical aspects of blood sample collection in determining alcohol content in the body under Polish law.
Abstract
Under Polish law and related regulations, the Decree of the Minister of Health and Social Welfare specifies that a person who collects blood for the purpose of determining the amount of alcohol currently in a person’s body must be a physician or a member of the medical staff of a public health unit or detoxification detention center. The latter individual must have a physician’s order authorizing the taking of a blood sample. Poland’s Road Traffic Law allows the blood testing of drivers for alcohol content in the body without the driver’s consent. Still, a physician must be involved in the decision to take a blood sample, given the possibility that blood collection could constitute a threat to health or life for particular individuals. Evaluation of the health state of a patient as well as the threat to health and life linked to blood collection is a basic professional skill of every physician, regardless of his/her medical specialization. The only other condition under which a physician might refuse to take a blood sample from a nonconsenting person for evidence collection authorized by law is when the individual’s physical resistance cannot be overcome to the point that the blood sample can be safely taken. 7 references