Section 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.

Notation

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).