Committee approves DPH blood collection facility rules; officials say regulation does not authorize roadside police blood draws

The Regulation Review Committee accepted the Legislative Commissioners' Office recommendation of approval in whole with technical corrections for proposed regulation 2024-028a from the Department of Public Health on Tuesday.

Senator Austin asked whether the rule would allow police officers to collect blood at accident scenes or at police facilities. Dante Costa, regulatory affairs manager for the Department of Public Health, and Barbara Cass, senior advisor to the commissioner for long-term care, told the committee the regulation governs licensure of blood-collection facilities and does not authorize unlicensed entities to collect blood.

"This regulation is focused on the licensure of the facilities, so your American Red Cross type facility. It does not contemplate the collection of blood, by an unlicensed entity of any kind," Costa said.

Senator Austin said some jurisdictions had discussed training officers to collect blood at a scene or in barracks but that state police and larger departments had declined the practice because of safety and operational concerns. He told the committee he was "concerned" that roadside blood draws could pose safety and chain-of-custody complications and asked for assurance the regulation would not authorize that activity.

Cass replied, "No. This regulation is focused on the lawful collection of blood in a licensed facility that is designed for that purpose only." Senator Austin noted his affirmative vote was given with that assurance.

The committee approved the rule by roll call on the LCO recommendation; Senator Austin moved the motion and Senator Kissel seconded. The action was recorded in the meeting's roll call.