Consent:
(1) A competent person has the right to refuse specimen collection and testing.
(2) If a person (is not competent or unable to express her/himself) AND has a life-threatening condition, then specimen collection and testing required for the diagnosis and management of the patient are permitted.
(3) A court order may override the person's right to refuse specimen collection.
(4) If the patient is deceased and the case is under the jurisdiction of the medical examiner or coroner, then consent is not required.
The conditions for collecting a specimen for alcohol or drug analysis after operating a vehicle or boat while under the influence of varies between the states:
(1) A person who has not been arrested for driving under the influence usually has the right to refuse the test.
(2) A person who has been arrested may or may not have the right to refuse the test, but refusal usually carries a penalty.
(3) Some states view operating a vehicle or boat as implied consent for alcohol and drug testing.
(4) Some states allow specimens to be collected without consent if the person was involved in an accident presumably caused by intoxication.
Requirements for specimen collection:
(1) The specimen must be collected by medical personnel (physician, nurse, medical technologist).
(2) The specimen must be collected using accepted medical practice.
(3) Physical force must not be used.
Potential charges against the phlebotomist:
(1) assault (if force used to obtain the specimen)
(2) negligence
