Blood-Alcohol Law Amendment Sought

Press, Volume CIX, Issue 31980, 6 May 1969, Page 28

Blood-Alcohol Law Amendment Sought

(New Zealant Preet Aisociation) AUCKLAND, May 5. The new blood-alcohol law in the Transport Act should be amended so that someone other than a doctor would be permitted to take blood samples from suspected drunken drivers, Dr L. F. Brown, chairman of the council of the Medical Association of New Zealand said today.

He was commenting on the difficulties police found at the week-end in getting blood samples from two suspects in the Otahuhu area after breath tests gave a positive reading indicating excessive bloodalcohol concentration.

The blood-alcohol amendment to the Transport Act, which came into force last week, requires that where two positive breath samples result from breath testing a suspect must permit a registered medical practitioner to take a blood specimen for analysis in accordance with normal medical procedures. Dr Brown said the availability of already heavily overworked doctors to perform clinical tests of suspect drunkeq drivers had been difficult enough in the past, although partly obviated by the provision of accredited police surgeons in the bigger centres.

Now the new law required ,that' where blood was to be taken from a suspect driver h doctor must be the one to do so. Doctors were expected to be available, usually late at night or early in the morning when most suspects were apprehented, merely to take a blood sample—a practice which did not require their medical skill. Nurses Take Blood There were precedents for lesser-qualified people to be asked to do this. Nurses took blood for blood bank use and laboratory tests, and technicians took blood in hospitals.

Officials of the Health and Justice Departments should confer to see whether some arrangements could be made for sampling to be done by such people, Dr Brown said. The M.A.N.Z. supported the blood test law, but surely the issue was the best use of the skills of medical men. Neither the Assistant-Com-missioner in charge of the Auckland Police (Mr F. 0. Scott), nor Dr R. F. Moody, medical superintendent of Middlemore Hospital, would comment today on a reported incident where the hospital refused a request by police to supply them with the result of a blood test from an injured drive.-. Mr Scott would not comment on the refusal of an Otahuhu doctor to take a blood sample in another incident. The superintendent-in-chief of the Auckland Hospital

Board (Dr W. E. Henley) said medical staff in hospitals were responsible for giving treatment, not for obtaining evidence for, the police. This applied equally to technical staff. It was unclear today whether the Middlemore incident stemmed from a refusal to give the police information obtained by hospital staff in the course of their treatment of the patient, or by refusal to permit the police to obtain a blood specimen—a qualified'power they have under the new law. Police may obtain samples from 1 persons under medical treatment where the doctor in charge of the care or treatment of the SUspect is satisfie'd that the taking of the specimen will not be prejudicial. Taken For Analysis A, medical spokesman said that a person giving blood for diagnosis should not expect that it might be put to some other- purpose. A diagnostic tesk for alcohol was not designed for certification in court. It was taken for use and analysis purely in a medical context Doctors and hospitals in Hamilton, Napier, Hastings and Wellington have also refused to take blood tests from drivers who have failed to

pass two breath tests, the Press Association reported. The medical superinten-dent-in-ehief of the Hawke’s Bay Hospital Board' (Mr J. R. Grimoldby) said his board had told doctors not to take blood samples of a suspected drunken driver if the driver was taken-to hospital for the sole purpose of having the sample taken. "This is the responsibility of the police stirgeon and I have instructed .my house surgeons not to accede to the request,” he said. Could Present Problems He said a blood sample could not be taken from a person without consent, and this could present problems if the injured person were unconscious. He hoped to have discussions on the matter with the Superintendent of Police at Napier (Mr J. G. Fitzpatrick). However, the president of the Hawke’s Bay branch of the M.A.N.Z. (Dr A. F. Foley) said he knew of ho doctor in the province refusing to take a sample from a suspected driver. “We have to recognise our responsibility to the community and I certainly do not agree with doctors refusing to take blood samples for the police,” he said. A spokesman for the Wanganui branch of the M.A.N.Z. (Dr I. K. Wilson) said local doctors considered it their duty to protect the public from the drunken driver. “Under normal circumstances we will be quite willing to take blood tests for the police and transport officers,” he said. “This is virtually a form of preventive medicine.” Police Surgeon* The deputy superintendent-in-chief of the Wellington Hospital (Mr H. K. Pacey) said board doctors would not take blood samples for the police. “We will make every facility available, but our doctors will not take blood,” he said. “The Police Department has the responsibility of calling police surgeons to take samples.” The Commissioner of Police (Mr G. C. Urquhart) said police surgeons were available in most main centres and they would normally be the first called on to take blood samples. w A Ministry of Transport spokesman said a full picture of circumstances under which motorists were required to take breath tests would quickly emerge from reports all enforcement officers had been directed to submit.