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23.4.220    COLLECTION OF BLOOD SAMPLES FOR DRUG AND/OR ALCOHOL ANALYSIS

(1) Blood samples will be collected from living individuals only by persons authorized by current law, upon written request of a peace officer or officer of the court.

(2) The skin at the area of puncture must be thoroughly cleansed and disinfected with an aqueous solution of a non-volatile antiseptic i.e. betadine, etc. Alcohol phenolic solution may not be used.

(3) The blood sample will be deposited in a clean dry container. The container should then be capped or stoppered, sealed and the following information provided:

(a) name of the subject,

(b) date of the collection,

(c) time of the collection,

(d) paper seal to be signed and dated.

(4) All blood samples must be of sufficient volume to provide accurate and repeatable analyses. Required volumes will be dependant on the current technology employed by the division. Any submitted sample not meeting the required sample volume will not be analyzed.

(5) The division will provide collection kits consisting of approved collection tubes and the appropriate request forms for collection of blood samples. The division reserves the right to accept or reject any blood sample submitted in a commercially available collection kit.

(6) The approved collection tube will be one that contains a preservative, sodium fluoride or its equivalent and an anticoagulant, potassium oxalate or its equivalent. The use of other types of collection tubes will be at the discretion of the division.

(7) When possible, the peace officer requesting the blood sample shall observe the collection of the sample so that he/she may attest to the sample's authenticity.

History: Sec. 61-8-405, MCA; IMP, Sec. 61-8-405, MCA; NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02.

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