bill C 46/OPP blood draws

20181218093629236

Hi all,
Yesterday dec 18 2018 an amendment to the criminal code came into affect.
The new Bill is attached here and worth a read.

Specifically – police can request a blood draw of any individual with out a court order now. It also doesn’t have to involve an MD necessarily although access to lab technicians after hours currently has to involve an MD in our setting.
If you refuse to help in this process there can be legal issues for you ( read the Bill).
I was made aware of this change last week and met with OPP in Huntsville on friday to read this over with an officer and try to understand its impact.

I have discussed and shared with Esther Millar, Ellen ( head of lab) and Harold Featherston (senior admin over lab). I have also shared with Melissa Imrie.
The hospital has engaged their legal department to vet this and try to then come up with a plan to minimally involve , or not involve, ER. Although currently the only access to after hours lab services the OPP has is through our ER’s.

I haven’t seen any communication come to me from the CMPA around this so plan to call then today.

Blood draws typically are for alcohol ( when breath test refused or can’t be done for some reason) and the the patient agrees to blood under the OPP jurisdiction. Although to us or lab we don’t need to get involved in the “why/what” at all.
OPP brings a kit for the blood for legal reasons. The form inside needs to be signed by either the lab tech and/or the MD to keep you out of court. Unfortunately the current paperwork is not up to date with the Bill so OPP are supposed to know to modify the paperwork and reference this Bill while they are waiting for new paperwork to come.