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. Blood samples that are drawn or analyzed by medical staff for medical diagnostic or treatment purposes, and not at the request of a peace officer or an officer of the court, are exempt from these rules.

(2) The skin at the area of puncture must be thoroughly cleansed and disinfected with an aqueous solution of a nonvolatile 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; and

(d) evidence 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 dependent 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: 61-8-1019, MCA; IMP, 61-8-1019, 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; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23.