Rules for Blood Tests
5 CCR 1005-2
7.1 Blood Specimen Collection
7.1.1 Blood Specimen(s) must be:
7.1.1.1 Collected in the presence of the arresting officer or other responsible person who can authenticate the specimens.
7.1.1.2 Collected by venipuncture by a physician, nurse, paramedic, emergency medical technician, medical technologist, or a person whose training and normal duties include collecting blood specimens under the supervision of a physician or nurse.
7.1.1.3 Collected only in an appropriate clinical or public safety facility (e.g., hospital, medical clinic, ambulance, police station, fire station or other approved facility). In no event will the collection of blood specimens interfere with the provision of essential medical care or the ready availability of emergency medical services to the public.
7.1.1.4 Collected using sterile equipment. The skin at the area of puncture must be thoroughly cleansed and disinfected with an aqueous solution of nonvolatile antiseptic. Alcohol or phenolic solutions must not be used as a skin antiseptic.
7.1.2 After Collection, Blood Specimens must be:
7.1.2.1 Dispensed or collected directly into two sterile tubes resulting in a sodium fluoride concentration greater than 0.90 percent weight.
7.1.2.2 Inverted several times to properly mix the blood with the sodium fluoride.
7.1.2.3 Affixed with an identification label and evidence seal.
7.1.2.4 The specimens must be placed in secured temporary refrigerated storage at less than 8 degrees Centigrade or frozen until shipped. Specimens must be shipped within 7 days of collection.
7.2 Blood Specimen Testing
7.2.1 One tube of blood must be analyzed for the State’s test(s). The State’s test(s) must be performed and completed in a reasonable period of time as not to affect the validity of the test(s). Specimens found to be positive on the initial test(s) must be confirmed prior to reporting the results.
7.2.2 Any remaining blood specimens must be retained and stored by the certified laboratory at less than 8 degrees Centigrade or frozen for a period of not less than 12 months from the date of collection unless requested and receipted by a representative of another certified laboratory, acting on behalf of the defendant.
7.2.3 The second blood specimen must be analyzed by a certified laboratory designated by the defendant or defendant’s legal counsel. The test(s) must be performed and completed in a reasonable period of time as not to affect the validity of the test(s). Specimens found to be positive on the initial test(s) must be confirmed prior to reporting the results to a court of law.
