Land Transport (Blood Specimen Collecting Instrument and Procedure) Notice 2014

2014/319

Coat of Arms of New Zealand

Land Transport (Blood Specimen Collecting Instrument and Procedure) Notice 2014

Pursuant to section 2(1) of the Land Transport Act 1998, and after consulting the Science Minister and the Minister of Transport about the approval of an instrument (other than a needle and syringe) as a blood specimen collecting instrument, the Minister of Police gives the following notice.

Notice

1 Title
  • This notice is the Land Transport (Blood Specimen Collecting Instrument and Procedure) Notice 2014.

2 Commencement
  • This notice comes into force on 1 December 2014.

3 Interpretation
  • (1) In this notice, unless the context otherwise requires,—

    vacutainer means a tube or tube-like container (that may contain a substance, or combination or mixture of substances, that is a preservative and anti-coagulant)—

    • (a) evacuated to create inside it a partial vacuum that helps draw a volume of blood; or

    • (b) into which a volume of blood has been drawn with the help of the partial vacuum created inside it when, formerly, it was evacuated

    vacutainer blood collecting system means an instrument—

    • (a) of a kind designed for the taking of blood specimens; and

    • (b) that is a system that consists of components of the following kinds:

      • (i) vacutainers received in or taken from 1 or more sealed blood specimen collecting kits; and

      • (ii) needles designed for use with vacutainers (whether or not received in or taken from 1 or more sealed blood specimen collecting kits, and used with or without all other (if any) related fittings, tubing, or holders); and

      • (iii) all other (if any) essential or optional system components (whether or not received in or taken from 1 or more sealed blood specimen collecting kits, and including, but not limited to, any covers or other protective or safety features).

    (2) Terms or expressions used but not defined in this notice but defined in the Act have, unless the context otherwise requires, the same meaning as in the Act.

Instrument: additional kind approved by Minister of Police

4 Vacutainer blood collecting system approved
  • This clause approves, for the purposes of paragraph (b) of the definition of blood specimen collecting instrument in section 2(1) of the Act, a vacutainer blood collecting system.

Procedure: general

5 Relevant blood specimen collecting procedure
  • (1) By way of explanation,—

    • (a) blood specimen collecting procedure is defined by section 2(1) of the Act as the taking of a blood specimen by a blood specimen collecting instrument in a manner prescribed by the Minister of Police by notice in the Gazette; and

    • (b) a notice or replacement notice given by any Minister in the Gazette for any purpose specified in section 2(1) of the Act is, under section 2(2) of the Act, a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012.

    (2) For the purposes of sections 72 to 74 of the Act, the relevant blood specimen collecting procedure is,—

    • (a) for a blood specimen taken by a needle and syringe, the procedure prescribed by clauses 6 to 8; and

    • (b) for a blood specimen taken by a vacutainer blood collecting system, the procedure prescribed by clauses 9 to 11.

Procedure: needle and syringe

6 Division of blood specimen into 2 parts
  • (1) When taking a blood specimen for the purposes of sections 72 to 74 of the Act, a medical practitioner or medical officer must divide the blood specimen into 2 parts, being—

    • (a) 1 part for analysis by an approved laboratory; and

    • (b) 1 part for custody by an approved laboratory and, if required under section 74(5)(b)(ii) of the Act, later sending or delivery to a private analyst.

    (2) The blood specimen referred to in section 74(3), (4), (5)(b)(i), and (7)(a)(i) of the Act is both parts of the blood specimen.

    (3) The blood specimen referred to in section 74(5)(b)(ii) of the Act is the 1 part of the blood specimen held in custody by the approved laboratory and referred to in subclause (1)(b).

7 Blood specimen parts to be put in separate containers
  • (1) The medical practitioner or medical officer must put the blood specimen parts into separate blood specimen containers taken from 1 or more sealed blood specimen collecting kits.

    (2) Each blood specimen container must then have a lid put on it, and a tamper-evident security seal applied to it.

8 Blood specimen taken under section 72 to be handed to enforcement officer
  • A medical practitioner or medical officer who takes a blood specimen under section 72 of the Act must, after tamper-evident security seals are applied to the blood specimen containers, hand them to an enforcement officer.

Procedure: vacutainer blood collecting system

9 Drawing of blood specimen into 2 vacutainers
  • (1) When taking a blood specimen for the purposes of sections 72 to 74 of the Act, a medical practitioner or medical officer must draw the blood specimen into 2 vacutainers, being—

    • (a) 1 part held in 1 vacutainer for analysis by an approved laboratory; and

    • (b) 1 part held in 1 vacutainer for custody by an approved laboratory and, if required under section 74(5)(b)(ii) of the Act, later sending or delivery to a private analyst.

    (2) The blood specimen referred to in section 74(3), (4), (5)(b)(i), and (7)(a)(i) of the Act is both parts of the blood specimen held in both vacutainers.

    (3) The blood specimen referred to in section 74(5)(b)(ii) of the Act is the 1 part of the blood specimen held in 1 vacutainer held in custody by the approved laboratory and referred to in subclause (1)(b).

10 Requirements for vacutainers
  • (1) The vacutainers used by the medical practitioner or medical officer must be taken from 1 or more sealed blood specimen collecting kits.

    (2) Each vacutainer must, after the volume of blood has been drawn into it, have a tamper-evident security seal applied to it.

11 Blood specimen taken under section 72 to be handed to enforcement officer
  • A medical practitioner or medical officer who takes a blood specimen under section 72 of the Act must, after tamper-evident security seals are applied to the vacutainers, hand them to an enforcement officer.

Revocation

12 2011 collecting procedure notice revoked

Dated at Wellington this 20th day of October 2014.

Hon Michael Woodhouse,
Minister of Police.


Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice, which comes into force on 1 December 2014, is given under the Land Transport Act 1998 (the Act). It prescribes the relevant blood specimen collecting procedure for the purposes of sections 72 to 74 of the Act, as amended by the Land Transport (Road Safety and Other Matters) Amendment Act 2011. It allows medical practitioners and medical officers to use, instead of a needle and syringe, an alternative blood specimen collecting instrument, namely a vacutainer blood collecting system. This notice replaces the Land Transport (Blood Specimen Collecting Procedure) Notice 2011, which is revoked.

This notice operates with, and is subject to, the definitions in section 2(1) of the Act of blood specimen and blood specimen collecting kit. Sections 75 and 76 of the Act provide for certificates and presumptions in respect of containers received in a sealed blood specimen collecting kit. A blood specimen collecting kit is a package with a label indicating that it is a blood specimen collecting kit and that it has been supplied by or on behalf of a laboratory for the time being approved by the Science Minister by notice in the Gazette. Clause 5 of the Land Transport (Approved Laboratory and Analyst in Charge) Notice 2000 approves, for supplying or causing to be supplied blood specimen collecting kits, the Institute of Environmental Science and Research Limited laboratory at Kenepuru Drive, Porirua.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 October 2014.

This notice is administered by the New Zealand Police.