A Bill for an Act
Page 1, Line 101Concerning the retention of blood draws for fourteen days
Page 1, Line 102for use in investigations.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Current law does not require hospitals to hold on to blood draws for any specific amount of time. The bill requires hospitals or other health-care facilities to retain blood draws or admission blood samples for 14 days if a peace officer submits a blood draw retention form. The bill also lists the requirements for a blood draw retention form.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 16-3-313 as follows:
Page 2, Line 316-3-313. Blood draws - retainment period - submission form.
Page 2, Line 4(1) (a) A health-care facility that is licensed or certified in
Page 2, Line 5accordance with the requirements of article 3 of title 25 shall
Page 2, Line 6retain and keep safe in its control a blood draw or admission
Page 2, Line 7blood sample taken as a result of, or in conjunction with, a
Page 2, Line 8criminal or noncriminal investigation when a law enforcement
Page 2, Line 9officer serves the attending physician or health-care facility
Page 2, Line 10with a retention form requiring the retention of the blood draw or admission blood sample.
Page 2, Line 11(b) A law enforcement agency may create a blood draw
Page 2, Line 12or admission blood sample retention form. The retention form must contain at least the following information:
Page 2, Line 13(I) The date and time of the submission of the form;
(II) The name of the health-care facility;
Page 2, Line 14(III) The name, signature, and badge number of the law enforcement officer submitting the retention form;
Page 2, Line 15(IV) The name and date of birth, if known at the time, of the subject of the blood draw or admission blood sample;
Page 2, Line 16(V) The date of the injury or incident, if known at the
Page 2, Line 17time, resulting in the individual being admitted to the health-care facility;
Page 2, Line 18(VI) The county in which the injury or incident occurred,
Page 2, Line 19if known at the time, resulting in the individual being admitted to the health-care facility;
Page 3, Line 1(VII) The date of the blood draw or admission blood sample, if known at the time; and
Page 3, Line 2(VIII) The reason for the retention of the blood draw or admission blood sample.
Page 3, Line 3(c) A law enforcement officer shall serve a completed
Page 3, Line 4retention form on the attending physician of the initial
Page 3, Line 5receiving health-care facility or on the health-care facility
Page 3, Line 6within twenty-four hours after the individual is presented to the initial receiving health-care facility.
Page 3, Line 7(d) The health-care facility shall retain the blood draw
Page 3, Line 8or admission blood sample for fourteen days after the date of the submission of the retention form.
Page 3, Line 9(e) The retention requirement applies to labeled admission
Page 3, Line 10blood tubes, including blood tubes from prehospital blood
Page 3, Line 11draws, appropriate for forensic toxicology and not required for continued patient care.
Page 3, Line 12(2) This section does not expand the right of a law
Page 3, Line 13enforcement officer, or a public servant as defined in section
Page 3, Line 1418-1-901, to seek a warrant for a blood draw or admission blood
Page 3, Line 15sample. This section does not confer additional powers or
Page 3, Line 16authority upon public officials conducting a criminal or noncriminal investigation.
Page 3, Line 17SECTION 2. Act subject to petition - effective date. This act
Page 3, Line 18takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 19ninety-day period after final adjournment of the general assembly; except
Page 3, Line 20that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 4, Line 1of the state constitution against this act or an item, section, or part of this
Page 4, Line 2act within such period, then the act, item, section, or part will not take
Page 4, Line 3effect unless approved by the people at the general election to be held in
Page 4, Line 4November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.