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05/04/89 the People of the State of v. Brian Randle

May 4, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

BRIAN RANDLE, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

538 N.E.2d 1253, 183 Ill. App. 3d 146, 131 Ill. Dec. 697 1989.IL.663

Appeal from the Circuit Court of St. Clair County; the Hon. Michael O'Malley, Judge, presiding.

APPELLATE Judges:

JUSTICE HOWERTON delivered the opinion of the court. WELCH, P.J., and HARRISON, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOWERTON

This a driving while intoxicated case.

A phlebotomist, a blood technician, took blood from the defendant, Brian Randle, upon the order of a physician.

The results of the analysis were suppressed because a physician was not present when the blood was taken and because the trial court believed the phlebotomist was not trained. I

We hold that a physician does not have to be present when a trained phlebotomist withdraws blood on a physician's order for the blood-alcohol test results to be admissible.

Illinois statutory law authorizes blood withdrawal by a person who has been approved by the Department of Public Health. (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501.2(a)(2).) The Department of Public Health has approved "a trained phlebotomist acting under the direction of a licensed physician" to withdraw blood. 77 Ill. Adm. Code § 510.110(a)(2) (1985).

We are called on to decide what is meant by "under the direction of a licensed physician."

Rules of statutory construction require that words be given their ordinary meaning as derived from common usage, unless a different meaning is intended by the statutory scheme. "Direction," according to common usage, means "authoritative instruction; order; command." Black's Law Dictionary 547 (4th ed. 1951).

The statutory regulatory scheme here in question reveals no intent that "under the direction" mean anything other than what is meant in common usage. "Direction," therefore, does not mean "in the presence of."

The physician ordered withdrawal of a sample of defendant's blood. The phlebotomist received the order. She followed the command. She withdrew blood from the defendant. She withdrew the blood only because of the authoritative instruction, the order, the command of the physician. ...


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