Ownership of samples taken from a living patient
In the absence of a specific request by the patient, a patient is deemed to accept the usual procedure adopted by the hospital relating to disposal of samples.

Police Powers of Access
Blood and tissue samples taken for diagnostic purposes are "excluded material" as defined in the Police and Criminal Evidence Act (PACE) 1984 S.11(1)b. Essentially this means that a police officer can only gain access to such samples without consent of the donor by application to a judge in chambers, NOT a magistrate. Before making an application, the Police must serve a notice on the hospital advising on the date of the hearing. If a sample is provided to police without consent then that could be a cause of action against the parties involved.

Material from Deceased Patients
If a patient is dead then the coroner may have a common law power to seize material pertinent to his investigation and certainly has the power to make material be presented to court. However if, for example, the deceased was a target of a murder investigation but had died of natural causes, the coroner would have no jurisdiction in investigating the death. Requests from police for material from a deceased patient should be accompanied by an order from a judge.

 PROTOCOL FOR RELEASE OF SAMPLES

1.	No person should release samples to anyone (police, research registrar’s etc.) without referring to the relevant authorised Pathology personnel depending on the Departments for which samples have been received.
2.	Samples will only normally be released if:- patient permission has been obtained Coroner has requested samples as part of his investigations request is accompanied by order from a judge.
3.	A separate sample release form must be completed for each Department for which samples are to be released from and signed by all relevant parties.
4.	Any additional documentation should be attached (e.g. patient authorisation)

SAMPLE RELEASE FORM

A sample release form must be fully completed for each Department before any samples are released from the laboratory. The form is divided into several sections:- 

Sample Details: This section would normally be completed by the person taking the initial enquiry and identifies the sample to be released.

Request Originator: This section would normally be completed by the person taking the initial enquiry and identifies who is requesting the sample release and their authorisation.  

Authorisation for Sample Release: Only the following may authorise the release of a Pathology sample. Only the following may authorise the release of a Pathology sample.

If a patient is living then permission must be obtained from the patient to release their sample and the date when the permission obtained recorded. Any additional patient documentation authorising sample release should be attached to the form.

If the patient is deceased then appropriate authorisation is required.

Sample Released/Received: The person releasing the sample should complete this section of the form and ensure that the details and signature of the person collecting the sample are recorded. Before any samples are released ensure that the documentation is complete and that the person collecting the sample is authorised to do so.  

Reviewed by: Tony Everitt, Consultant Biochemist - August 2004

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