British doctors who want to test for drug or alcohol impairment may now take blood samples from unconscious car crash victims without fear of legal action. A new provision in the country's Police Reform Act closes a loophole that left physicians vulnerable to assault charges if they ordered blood samples from incapacitated patients for anything other than medical reasons. However, alcohol and drug levels often fall to undetectable levels by the time incapacitated drivers regain consciousness, making it difficult to determine whether they had been under the influence of alcohol or drugs.
The new provision comes after years of campaigning by families of victims of drunk drivers. In one case, a woman was killed when a speeding driver hit her car. Police could not use a breathalyzer because the driver — who was later fined £250 and banned from driving for 2 years — was unconscious.
A spokesperson for the Home Office said the provision, which took effect Oct. 1, gives doctors “a power, but not a duty” to take the samples.
The British Medical Association (BMA), which had urged the government to change the law, has issued guidelines for MDs. It says there should be “a clear separation between the clinical care the patient is receiving and any forensic procedures with which patients are asked to cooperate.” Dr. Michael Wilks, chair of the BMA's Ethics Committee, says the association rarely supports taking samples without patients' consent, but in this case there is “a clear public interest” in having it done. He also pointed out that the law would help clear the names of some drivers.
Canadian physicians can draw blood from unconscious patients, but only for medical reasons. They are immune from legal action if they draw blood from an unconscious person at the request of police, who must first obtain a warrant, and they are also immune if they refuse the police request. — Mary Helen Spooner, West Sussex, UK