Subchapter C. TESTING OF BLOOD SPECIMENS TAKEN FROM DEAD BODIES
Sec.
29.21. Collection of blood specimens.
29.22. Submission of blood specimens.
Authority The provisions of this Subchapter C issued under the Vehicle Code, 75 Pa.C.S. § § 1547 and 3749, unless otherwise noted.
Source The provisions of this Subchapter C adopted July 22, 1971, effective July 23, 1971, 1 Pa.B. 2163, unless otherwise noted.
§ 29.21. Collection of blood specimens.
(a) The coroner, deputy coroner, medical examiner, deputy medical examiner or his authorized agent shall collect or cause to be collected a specimen of blood from the body of an operator of a motor vehicle, or the body of a pedestrian over 16 years of age, who dies within 4 hours following a motor vehicle accident.
(b) Specimens shall be collected in the following manner and subject to the following conditions:
(1) Blood specimens shall be collected with equipment prescribed by the Department of Health.
(2) At least 10 milliliters of blood shall be taken from the heart, whenever possible. Otherwise, 10 milliliters of blood shall be taken from the femoral vein or other large blood vessel. Specimens shall be taken as soon as possible after death, and before the body is embalmed.
(3) Blood specimens may not be taken with embalming equipment. Alcohol or alcoholic antiseptics may not be used in a manner which may contaminate the specimen.
Notes of Decisions Testimony in a wrongful death action that a specific blood test kit collecting postmortem blood samples is not the only reliable method, permitted the trier of fact to rely on the results of a blood sample procured by another equally reliable method. Gallagher v. Ing, 532 A.2d 1179 (Pa. Super. 1987); appeal denied 548 A.2d 255 (Pa. 1988).
§ 29.22. Submission of blood specimens.
(a) Blood specimens shall be mailed as soon as possible to the Department of Health or to another laboratory approved by the Department.
(b) Coroners, medical examiners or their authorized agents shall provide information which is requested by the Department of Health as pertains to any of the following:
(1) The identity, age, sex and race of the deceased, as well as whether the deceased was a driver or pedestrian.
(2) The circumstances of the accident with respect to location, date and time of the accident, and date and time of death.
(3) The circumstances surrounding the collection of the blood specimen with respect to the date and time the sample was taken.
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