Archive for April, 2012

Your blood can now be taken by someone not certified to do so.

In his March 7, 2012 post, Steve Oberman posed the question, “Would you want your blood taken by someone not certified to do so?” He was referring to Tennessee Senate Bill 2787/House Bill 2858, which eliminates the requirement that a phlebotomist permitted to draw blood from a Tennessee DUI suspect be certified or nationally registered.  I am sorry to report that this bill passed, becoming Public Chapter No. 0666, and became effective on April 4, 2012.

This new law allows blood to be drawn by a “trained phlebotomist who is operating under a hospital protocol, has completed phlebotomy training through an educational entity providing such training, or has been properly trained by a current or former employer to draw blood.”  The website explains the typical certification process for phlebotomists and provides training course length than ranges from 4 to 24 months.  As discussed in Steve’s previous post, Tennessee law does not specify the amount of training required.  Certainly a very minimal amount of training could qualify one under this new law considering  the fact that the person need only receive training from “a current or former employer.”

The lawyers at Oberman & Rice continue to monitor pending legislation that impacts the criminally accused, paying particular attention to those involving Tennessee DUI cases.  Should you have any questions about a pending Tennessee DUI law or issue, you may contact Steve, Sara, or Nate by calling (865) 249-7200.  You may also wish to review our website for additional information about Tennessee DUI Laws by clicking here.


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