A Salt Lake City police Detective seeking a blood draw from an unconscious patient at University of Utah Hospital arrested a nurse for refusing to comply, charging her with “obstructing justice.” After the July 26, 2017 impasse led to a burn-unit standoff, police body-cam footage depicting head nurse Alex Wubbels‘s arrest went viral on September 01, 2017. The patient from whom police sought blood was involved in a traffic crash in which another motorist was killed.
Ordinarily police, and any laws in their respective states allowing phlebotomy requests, seek to draw blood in order to incorporate the possibility of a driver having illegal substances in his/her system during a crash. From a law enforcement standpoint, blood draw lab results factor into causation and potential prosecution. Blood alcohol content (BAC) diffuses in the system, making timing of the essence.
For reportedly refusing to comply with blood draw admonitions by the Salt Lake City Detective Jeff Payne, a police phlebotomist, he placed Wubbels in custody. Prior to the arrest, a host of hospital security officers and city police officers were present.
Policy Clash
In the viral video you can hear nurse Wubbels explaining three validations whereby blood-draw requests by law enforcement will be honored, citing the “agreement” police and hospital administration have on-file to address such circumstances. Any of the hospital’s three criteria for police to acquire a blood draw are patient consent, electronic warrant, or custodial arrest of any patient in their care.
In a statement, hospital executives explained that none of the three criteria were met by Detective Payne and that is why their patient’s rights were safeguarded in lieu of police directive.
“I’m just trying to do what I am supposed to do.”
Wubbels can be heard saying, “I’m just trying to do what I am supposed to do.” Via speaker-phone, a hospital administrator can be overheard saying to Det. Payne, “Sir, you’re making a huge mistake right now.”
Gordon Crabtree, CEO of University of Utah Hospital said, “As a result of this event we feel it is important to address this issue with staff and faculty, express our support for Nurse Wubbels and reaffirm our commitment to safety and privacy of our patients.”
Mr. Crabtree also explained “In the event that law enforcement requests or requires a blood sample from a patient, they should immediately be directed to the House Supervisor on duty at that time, who will then work to find a sensible solution.” From the body-cam footage, it appeared nurse Wubbels was engaged in trying to arrive at a “sensible solution” by at least explaining hospital policy per covenant formed with SLCPD.
For his part, Det. Payne and several Salt Lake City cops discuss the incident post-arrest.
Salt Lake City Mayor Jackie Biskupski and police Chief Mike Brown published a statement regarding this incident, saying, “We’ve looked at the actions that took place, the policies that could have prevented it, and the training that must be done. Within 24 hours of this incident, Salt Lake City Police Department took steps to ensure this will never happen again.”
Nurse Wubbels was released and faces no charges.
