§1219.1. Blood Collection
and Retention.
(a) Blood samples shall be collected by venipuncture from
living
individuals as soon as feasible after an alleged
offense
persons authorized by
Section 13354 of the Vehicle Code.
(b) Sufficient blood shall be collected to permit duplicate
determinations.
(c) Alcohol or other volatile organic disinfectant shall not be
used to
clean the skin where a
specimen is to be collected. Aqueous benzalkonium
chloride (zephiran), aqueous
merthiolate or other suitable aqueous
disinfectant shall be used.
(d) Blood samples shall be collected using sterile, dry
hypodermic
needles and syringes, or
using clean, dry vacuum type containers with
sterile needles. Reusable
equipment,if used, shall not be cleaned or
kept in alcohol or other
volatile organic solvent.
(e) The blood sample shall be deposited into a clean, dry
container
which is closed with an
inert stopper.
(1) Alcohol or other volatile organic solvent shall not be used
to
clean the container.
(2) The blood shall be mixed with an anticoagulant and a
preservative.
(f) When blood samples for forensic alcohol analysis are
collected
post-mortem, all practical
precautions to insure an uncontaminated
sample shall be employed,
such as:
(1) Samples shall be obtained prior to the start of any
embalming
procedure. Blood samples
shall not be collected from the circulatory
system effluent during
arterial injection of embalming fluid. Coroner's
samples do not need a
preservative added if stored under refrigeration.
(2) Care shall be taken to avoid contamination by alcohol from
the
gastrointestinal tract
directly or by diffusion therefrom. The sample
shall be taken from a major
vein or the heart.
(g) In order to allow for analysis by the defendant, the
remaining
portion of the sample shall
be retained for one year after the date of
collection.
(1) In coroner's cases, blood samples shall be retained for at
least 90
days after date of collection.
(2)Whenever a sample is requested by the defendant for analysis
and a
sufficient sample remains,
the forensic alcohol laboratory or law
enforcement agency in
possession of the original sample shall continue
such possession, but shall
provide the defendant with a portion of the
remaining sample in a clean
container together with a copy or transcript
of the identifying
information carried on the original sample container.
