Section 1286.320  Blood Collection for Determining the Presence of Alcohol, Other Drugs or Intoxicating Compounds

The following procedures shall be used to obtain a blood sample from a subject to determine the alcohol concentration, or presence of other drugs or intoxicating compounds:

a)         The blood sample shall be collected in the presence of the arresting officer, another law enforcement officer, or an agency employee who can authenticate the sample.

b)         For samples collected in Illinois, the blood sample shall be collected by a licensed physician, physician assistant, licensed advanced practice nurse, registered nurse, trained phlebotomist, or certified paramedic.  When a blood test of a person who has been taken to an adjoining state for medical treatment is requested by an Illinois law enforcement officer, the blood may be withdrawn only by a physician authorized to practice medicine in the adjoining state, physician assistant, licensed advanced practice nurse, registered nurse, trained phlebotomist acting under the direction of the physician, or certified paramedic.  (Section 11-501.2(a) of the Illinois Vehicle Code)

c)         The blood sample should be drawn using proper medical technique.

d)         Officers shall use DUI kits provided by the Department, if possible.  If kits are not available, officers may submit two standard grey top vacuum tubes. (Pursuant to generally accepted industry standards, grey top vacuum tubes contain an anticoagulant and preservative.)

e)         The individual tubes shall be labeled with the name of the subject and the date of the withdrawal and treated as biohazard evidence.

f)         The blood samples shall be delivered as soon as practicable to a laboratory certified by the Department (see Section 1286.170).

g)         The testing laboratory shall maintain any remaining sample for a period of six months after testing unless otherwise directed by the submitting agency or the appropriate prosecuting authority.

(Source:  Amended at 39 Ill. Reg. 11670, effective July 29, 2015)