Laws, Laws, Laws... Phlebotomists Must Know Applicable Rules

Phlebotomists and professionals with blood drawing responsibilities must adhere to all federal, state and local laws and each medical office, or hospital laboratory should have written procedures for standards of conduct pertaining to blood drawing methods, protocols and issues. Phlebotomists who violate these laws and rules will be putting their employer at serious risk and consequences, especially if they receive state and federal funding through Medicare.

Drawing Blood without Doctor's Orders

Although it is not common, there are labs drawing blood from patients without an order from a physician. Often, this happens in rural hospital where some patients travel a long way to arrive only to find that their doctor has not yet sent their orders. Their blood may be drawn and held until the doctor's orders arrive. Whether this is permissable depends upon state regulations.

Some states allow patients to order their own blood draws or tests, while other states mandate that only an authorized person (such as a medical doctor or licensed health care practitioner) can order blood tests. In addition to knowing their state laws, phlebotomists must know hospital policies and comply with the rules.

Each laboratory should have written policies, procedures and standards of conduct. Bottom line: all phlebotomists must ascertain that they are following their federal, state and local laws that apply to their facility. 

Police Officers Drawing Blood

At times, law enforcement personnel and police officers must glove up and draw blood to establish blood alcohol levels from suspected drunks who refused to take the breathalyzer test. To master this skill they've receive accelerated phlebotomy training in which they had to log a certain number of successful blood draw. This is so that they can obtain blood specimens as evidence, for example: Chandler Police Department Phlebotomy Protocol.

The practice of police drawing blood, implemented first in 1995 in Arizona, and now practiced in many states has raised concerns about safety and the credibility of the evidence. Law enforcement agencies should be concerned about possible malpractice cases concerning someone who was not properly trained. In Wisconsin, state Court of Appeals Judge Charles Schudson said in an interview that the state's blood-drawing practices come "painfully close to a violation of civil liberties."

Teaching Phlebotomy in California

State mandated requirements for phlebotomy instructors in California: Pursuant to the California Code of Regulations, Title 17 – Public Health, Section 1031.7, and 9. all phlebotomy instructors in California must be certified by an approved and recognized certifying organization in order to teach the skill.