The New York State legislature voted to approve a new law that would provide for blood draw mandates even if a doctor is not present to carry out the procedure.
The measure passed unanimously in the legislature. The law, named after a 91-year-old man called Jack Shea, provides for some medical personnel to carry out a blood draw without a doctor present. The bill's namesake was killed by a driver whose BAC was measured at .15% on a test that was administered by a medical technician without a doctor present, rendering it inadmissible in a court of law.
The law will allow trained medical personnel including EMTs, phlebotomists and nurses to draw blood to determine the presence of alcohol without a doctor present. The District Attorney's Association of New York was in outspoken support of the law as it helps them prosecute more DWI cases with hard evidence. Before, the doctor requirement was often viewed as a loophole in the law.