EMS crews may be asked by a law enforcement officer to obtain a forensic blood sample from a patient for prosecutorial purposes. This is permissible per RsMo 577.029.
As per EMS Medical Director direction, this may be done under the following circumstances:
Pursuant to medical care being rendered by EMS personnel, as long as it does not interfere with such medical care
At the scene of an MVA, whether or not medical care OR transportation occurs. The only stipulation is that there be a legitimate indication for a prehospital medical examination AND that an examination is done. EMS personnel are NOT to be summoned to an obvious non-injury accident OR a “car stop” not ordinarily requiring emergent medical care.
As per EMS Medical Director direction, blood samples MAY NOT be obtained by EMS personnel under the following circumstances:
When a patient indicates he refuses permission or otherwise indicates he will actively resist. This is done in order to protect EMS personnel, police officers, and the patient (suspect) from inadvertent needle puncture.
When EMS personnel are summoned to the jail strictly for the purposes of obtaining the blood sample.
It is the goal of EMS personnel to cooperate with law enforcement in any legally authorized capacity but not to the extent that injury to them is possible OR to be utilized as a “phlebotomist” strictly for convenience.
Note: EMS personnel may be utilized in a “contractually” mutual relationship to perform phlebotomy outside the provision of emergency care as long as it does not interfere with the ability to provide emergency response.