Hospital refuses blood draws for police

BURNET (KXAN) -  

Three days after Marble Falls police took their first driving while intoxicated suspect to the hospital armed with a search warrant for a blood draw, Seton Highland Lakes Medical Center in Burnet announced they will no longer adhere to the court order.  

"There were some issues," said Capt. Robert Sooter, with the Marble Falls Police Department. "But the draw was made, then we received the letter from the administrator."  

Seton Highland Lakes Medical Center Administrator, Scott Fuller, wrote a letter to city and county officials Oct. 6 that stated "effective immediately, the Highland Lakes Medical Center will not draw specimens under a search warrant. Please do not transport persons to the hospital for that purpose."  

Marble Falls police had just launched the new DWI blood warrant program for Burnet County. All county and district judges agreed to sign off on search warrants requiring a blood test when a suspect refuses a breath test.  

"We do not understand [Seton's] stance," said Burnet County Judge Donna Klaeger. Klaeger e-mailed a letter to Fuller and Seton's legal counsel, questioning the hospital's position. As of Monday, neither the county, nor the Marble Falls Police Department had received an explanation.  

"We asked them to provide us the legality of being able to say no to a court order," said Klaeger.

Monday afternoon, Greg Hartman, the Senior Vice President of the Seton Family of Hospitals e-mailed a statement explaining their position. Hartman said "there is a conflict in state law."  Hartman wrote "there are other situations where it is questionable whether a licensed hospital can draw blood from a person without an order from a qualified practitioner to draw blood or consent is obtained directly from the suspect without coercion."

Currently, Seton said the Texas law only allows them to draw blood samples under the following conditions:

1. The officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft.
2. The person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense.
3. At the time of the arrest the officer reasonably believes that as a direct result of the accident:
        a)  any individual has died or will die; or                               
        b)  an individual other than the person has suffered serious bodily injury.
4. The person refuses the officer's request to submit to the taking of a specimen voluntarily.